WEST BENGAL SUBORDINATE FOOD AND SUPPLY SERVICES ASSOCIATIONS AND OTHER Vs. STATE OF WEST BENGAL AND OTHERS

JUDGEMENT

(1.) The Petitioner West Bengal Subordinate Food & Supplies Service Association is an association duly registered under the West Bengal Societies Registration Act, 1961 having its registered office at Free School Street, Calcutta. There having about 3000 members who are in the employment of the Government of West Bengal in the food & Supplies Department. The present petition had been made by the petitioner for and on behalf of the Inspecting Staff who are divided into three categories, i. e. Chief Inspectors, Inspectors, and Sub-Inspectors. The functions discharged by them are administrative-cum-executive in nature. Such functions discharged by the Inspecting Staffs are onerous in nature and hazardous in as much as the risk of life is also involved in as much as they give (Contd. on Col. 2) the control orders issued by the Government of West Bengal under the Essential Commodities Act and other acts for proper distribution of the essential commodities covered by the control orders. In the days when the food commodities become scarce the department of civil supplies now known as Food & Supplies Department was established to maintain equitable distribution of the daily necessities to the people on fair prices. Bright young men with honesty, integrity and efficiency, joined the services as Chief Inspectors, Inspectors and Sub-Inspectors of the said department. They had been trained against social evils and corrupt-practices. At the very inception of the said department no scale of pay for the inspecting staffs was introduced but they were paid fixed salary along with some allowances. It was the grievance of the petitioner that even when there was revision of pay and/or fixation of pay scales in respect of other government employees belonging to other departments but such rule was not followed in the case of inspecting staff of this department even the members of the Inspecting Staff of the Food & Supplies Department were treated with an evil eye unequal hand by the respondents in spite of they being fully aware of the onerous duties discharged by the Inspecting Staffs. After several representations, the respondents introduced scale particularly for the Inspecting Staffs with effect from 1st of April, 1956. A comparative, chart showing the scale of pay for such Inspecting Staffs prior to 1st April, 1956 and after 1956 is set out hereinbelow: (See below comparative chart)

(2.) In 1956 Inspecting Staffs were divided into three categories of Chief Inspectors, Inspectors and Sub-Inspectors. Thereafter a Pay Committee was set up in 1959 which made recommendations and such recommendations were given effect to from 1st of April. 1961. In 1961 West Bengal Services (Revision

(3.) On 19th October, 1966 the Government of West Bengal was pleased to constitute the Subordinate Food & Supplies services. By resolution dated 25th August. 1967, the respondent No. 1 constituted a Pay Commission to examine so far as employees under the rule making control of the State of West Bengal are concerned to consider the structure of emoluments. Special Pay, amenities, allowances, including facilities in respect of overtime, education of dependants, housing, medical treatment, leave traval concession, pensionary and other retirement benefits. which changes were desirable and feasible in the present economic situation of the country with due regard to the financial resources of the State Government. The Commission submitted its report containing recommendation in January. 1970. The said report was duly considered and the service rules of the State Government employees including the petitioner were revised and the rules were framed known as West Bengal Services (Revision of Pay and Allowances) Rules, 1970). Under the rules the posts of Chief Inspectors were divided in Grade-I, and Grade-II. The Grade-I Chief Inspectors were grouped with Rationing Officer, Supply Division, Controller of Food & Supplies, Assistant Controller of Rationing etc and the scale of pay was fixed at Rs. 400-750/-. Those who passed the West Bengal Junior Civil Service were given a special pay of Rs. 50/- per month. The Chief Inspectors Grade-II. were grouped with Assistant Rationing Officer and they were to be in the category of Subordinate Food & Supplies Services. Grade-I and the revised scale of pay was Rs. 300-600/-. The Inspectors were classified in Subordinate Food & Supplies Services, Grade-II and their revised scale of pay was Rs. 300-600/-. The Sub-Inspectors were classified in Subordinate Food & Supplies Grade-III and their revised scale of pay was Rs. 230-425/-. According to the petitioner, the respondents acted illegally,. arbitrarily in total disregard to the grievances of the petitioners. The status according to the petitioner of the Sub- Inspectors was higher than the status. of lower division clerks but as a result, of the recommendation of the Pay Commission the Lower Division clerks have been given the pay scales of Sub-Inspectors although they do not discharge similar functions and do not undertake any responsibility. In as much as the petitioners felt that such revised pay scale was not proper and the case of the officers with higher responsibility was not considered while revising the scale of pay. Being satisfied with the representations, the petitioner No. 1 the Subordinate Food & Supplies Services, Grade-I was given a special pay with effect from July, 1975. According to the petitioners the Lower Division Clerks were subordinate to the post of Sub- Inspectors in as much as they had been given promotion from that post to the post of Sub-Inspectors. Second Pay Commission was constituted by resolution in April 1977 the petitioner forwarded its memorandum dated 4th May, 1978 to the Pay Commission for consideration of their grievances drawing it to the attention of the Pay Commissioner as to how discriminations have been made between its members against other employees of State Government whose position was similar to that of the petitioner and who perform similar duties and undertake responsibilities as done by the petitioners. Prior to 1st April. 1956 the initial pay of the Inspecting Staffs of the Food & Supplies Department was the same in comparison to the initial pay drawn by the Inspecting Staff of Police, Excise, Education and Labour Departments, but ultimately the scale of pay of the Inspecting Staffs of the Food Department gradually reduced and they were discriminated against the Inspecting Staffs of the department mentioned earlier including Kanungo's Land and Land Revenue Department. The Second Pay Commission submitted its Eeport in November, 1980 which was published in January, 1981. At page 360 in paragraph 7 the Commission made observation in respect of the Inspecting Staffs of the petitioners where the Commission recommended the grievances of the petitioners in as much as the Sub- Inspectors not only had to write report, issue orders but also to do outdoor functions upon which they demanded higher pay scale than the lower division clerks. The petitioner by letter dated 28th February. 1981 brought it to the notice of the respondent No. l their grievances so that it could be considered by the Government of West Bengal while implementing the report of the Second Pay Commission. The comments on the reports of the Second Pay Commission were completely ignored and not considered at all. The petitioner's long standing grievances were not at all considered by the Pay Commission and the authorities concerned. The West Bengal Services (Revision of Pay and Allowances). Rules, 1981 had been published in the Official Gazette on 31st of July. 1981 giving retrospective effect from 1st of April, 1981. According to the petitioner the whole purpose of constituting the Second Pay Commission and the recommendation made by them had become illusory as there is no reasonable nexus of the differentiation made as a result the respondents have violated the provisions of Articles 14 and 16 of the Constitution.