PARITOSH PARUK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the intant Rule the petitioners are challenging the payscales now being given to the petitioners as Milk inspector (E and V ). The petitioners are also asking for a writ of Mandamus directing the respondents to revise the payscale of the petitioners with retrospective effect from 1st April, 1970 in exercise of the powers conferred by Rule 3a of the West Bengal Service Rules. Part 1 and/or Rule 15 of the West Bengal Services (Revision of Pay and Allowance) Rules, 1981 in such a manner that the pay of the petitioners be higher than that of the Assistant Supervisors (Milk Distribution ). The petitioners are at present holding the post of Milk Inspectors (Enforcement and Vigilance and the petitioners were directly recruited to the said post

(2.) THE petitioners contend that out of the said posts of Milk Inspectors (Enforcement and Vigilance), 20 posts were sanctioned by. the Government under the designation of Supervisors in the scale of Rs. 200-10-400/- in terms of the government Order of Animal Husband dry and Veterinary Services Department dated 31st March, 1967 for the purpose of enforcing the West Bengal Milk products Control Order, 1965 and the other 20 posts were sanctioned under: the designation of Milk Inspectors is the same scale of Rs. 200-10-400/- for the purpose of enforcing West Bengal Milk trade Control Order, 1965. Subsequently by the Government Order dated 12th june 1967, the said 20 posts of Supervisors were abolished and 20 posts of Milk inspectors were created m place of Supervisors. Ultimately, the said 20 posts were redesignated as Milk , Inspector (Enforcement and Vigilance ).

(3.) THE petitioners contend that prior to 1970 the scale of Day of the post of Milk Inspectors (Enforcement and vigilance) was Rs. 200-10-400/ -. Under the West Bengal Services (Revision of pay and Allowance), Rule 1970, the pay scale for the said posts of Milk Inspectors (E and V) was revised to Rs. 300-600/- and the said revised payscale was made effective from 1st April The said 1970. scale of pay viz. Rs. 300-600/-has since been revised to Rs. 380-910/-ay the West Bengal Services (Revision of Pay and Allowance) Rules, 1981. The petitioners contend that the rules for recruitment to the post of Milk Inspector (E and V) were framed by the Government in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and the said recruitment Rules were promulgated by government Order dated 3rd April, 1970. The Government Notification enforcing the said Recruitment Rules has beet made an annexure to the writ petition being Annexure B'. It appears from the afore-said Rules for recruitment that 50% of the posts of Milk Inspector (Encasement and Vigilance) are to be filled up by direct recruitment and the remaining 50% should be filled up from amongst the posts of Assistant Supervisors (Milk Distribution) and three other categories of posts. The petitioners contend that it is therefore evident that the posts of Milk Inspector (Enforcement and Vigilance) has been declared by the state Government as a promotional post and the post of Assistant Supervisor (Milk Distribution) is one of the feeder post to the said promotion post. The petitioners also contend that the duties and responsibilities attached to the post of milk inspector (E and V) were specifically laid down by Government Order dated 3rd May, 1973 and a copy of the said government Order has been made annexure to the writ petition being Annexure C After the aforesaid post of Assistant Supervisor (Milk Distribution) was declared a feeder post for the promotion 'to the post of Milk Inspector (E and V), the Milk Directorate, by its Notification dated 30th May, 1973 raised the pay scale of the Assistant Supervisor (Milk Distribution) to Rs. 300/- to Rs. 600/- with a higher initial start of Rs. 400/- per month subject to the condition that the said payscale would be admissible to those employees who would possess degree veterinary Science and who had been appointed prior to 1st April, 1970. In the said notification, it was also stated that the payscale of Rs. 300-600/- with higher initial start of Rs. 400/- would not be admissible to persons appointed after the commencement of the West Bengal Services (Revision of Pay and Allowance rules, 1970.