SAILEN KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The only question that has arisen for my consideration in this application is as to whether the Amin Tahashildars can get the same scale of pay as that of the Surveyors on the basis of equal pay for equal work as enshrined in Article 14 read with Article 39(d) of the Constitution of India. In a judgment delivered by me relying on various Supreme Court decisions, I have held that keeping in view of the fact that the nature of job, the educational qualification etc. are different in the case of Amins and Surveyors, they cannot be directed to pay at par with the Surveyors in terms of the doctrine of equal pay for equal work. However, it appears that another learned Single Judge has taken a contrary view. I am informed by the Bar that both the cases are pending consideration before a Division Bench of this Court.

(2.) Mr. Neogi Submits that keeping in view of the fact that the earlier judgment passed by this Court wherein it has been held that Amins are entitled to get equal pay for equal work as that of the Surveyors, the petitioners should not be discriminated, as the judgment of this Court has already been implemented.

(3.) It may be noticed that pay Commission has also fixed different pay scales for Surveyors and Amins having regard to the nature of work and other relevant factors. The jurisdiction of this Court under Article 226 of the Constitution of India is very limited.