GOLAM MUSTAFA Vs. UNIVERSITY OF BURDWAN & ORS.

JUDGEMENT

(1.) The writ petitioner is working as the Herbarium Assistant in the Department of Botany, University of Burdwan. In this writ petition the petitioner prays for necessary directions upon the respondents to sanction the pay scale of Rs. 600-1250.00 for him as the said scale is the one enjoyed by the Herbarium Keeper in the Department of Botany of the Calcutta University whose duties and responsibilities, inspite of slight difference in the nomenclatures of the posts are the same as discharged by the petitioner. The petitioner's case is that he obtained the first class degree in M. Sc examination in Botany from the Burdwan University and he was appointed as Herbarium Assistant in the Department of Botany, University of Burdwan in July 1978 in the pay scale of Rs. 325-600.00 for a period of one year and that subsequently his term of on 'Ointment to the said post was extended for a further period of six months upto 31st Jan., 1980. Thereafter, he was appointed to the said post of Herbarium Assistant on probation for a period of one year with effect from 26th Dec., 1979 in the scale of Rs. 450-1000.00. It is the contention of the petitioner that the pay scales of the nonteaching employees of the different universities of West Bengal including the Universities of Burdwan and Calcutta were revised with effect from 1st April, 1978 and that in terms of the Government order dated the 4th April, 1979 which is annexure-'E' to the writ petition the Herbarium Keeper of the Calcutta University was sanctioned the pay scale of Rs. 600-1250.00. It is the case of the petitioner that the scale of pay of Herbarium Assistant of the Burdwan University as sanctioned by the Government order was reduced from Rs. 550-1160.00 to Rs. 500-1100.00. It is the contention of the petitioner that the petitioner as the Herbarium Assistant in the Department of Botany of Burdwan University does similar work and discharges similar responsibilities as done by the Herbarium Keeper of the Department of Botany of Calcutta University and that being so it is discriminatory and arbitrary to allow a lower pay scale to the petitioner compared to what is enjoyed by his counter-part in the Calcutta University. The Head of the Department of Botany, University of Burdwan in forwarding his representation to the Registrar of the Burdwan University under letter dated the 11th Jan., 1980 recommended that although the petitioner's designation was Herbarium Assistant yet he had to perform all the works in the Departmental Herbarium. It was also mentioned in that letter that there were more than one staff at the Herbarium of the Department of Botany, Calcutta University. The Registrar of the Burdwan University also recommended the case of the petitioner to the Government of West Bengal in his letter dated 1.9.86. In paragraph 5(h) of the affidavit-in-opposition affirmed on behalf of the authorities of the Burdwan University it is stated that the petitioner made representation before the authority contending, inter alia, that as in G.O. No. Nil(6)-Edn (U) dated the 24th April, 1979, the Herbarium Keeper of the Calcutta University was sanctioned the scale of pay of Rs. 600-1150.00 whereas the Herbarium Assistant of the University of Burdwan was sanctioned the scale of Rs. 550-3160.00, the petitioner should also be allowed the scale of Rs. 600-1250.00. It is stated in the paragraph 5(i) of the affidavit-in-opposition that such representation of the petitioner was considered by the Registrar (of the Burdwan University) who requested the Government to place the Herbarium Assistant of the University of Burdwan in the scale of Rs. 550-1160.00and the State Government was also informed by the Registrar that the nature of work of the Herbarium Assistant of the Burdwan University and the nature of work of the Herbarium Keeper of the Calcutta University are the same However, the Deputy Secretary to the Government of West Bengal, Education Department by his letter dated the 24th Sept., 1987 informed the Registrar of the Burdwan University that a pay Committee for the non-teaching employees of the State-aided Universities had already been set up and the incumbent concerned might represent the matter before such committee and that till the acceptance of the recommendation of the Pay Committee in this respect by the State Government the existing pay scale would continue. Accordingly, the matter came up before the Pay Committee constituted by the State Government and the pay Committee considered the question for fixation of the pay scale for the Herbarium Assistant of Burdwan University.

(2.) The extract of the report of the Pay Committee relating to the Herbarium Assistant of the Burdwan University is given below:-

(3.) The Government, after consideration, in the order No. 711(6)-Edn(U) dated the 24th April, 1979 annexure- 'E' to the writ petition prescribed the following nine pay scales for the non-teaching employees of the Universities in West Bengal. These pay scales are as follows:- <FRM>JUDGEMENT_26_LAWS(CAL)3_1995.html</FRM>