JAGANNATH JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS matter arises out of an application under Article 226 of the Constitution of India filed jointly by 10 petitioners who are supervisors/statistical supervisors/investigators and posted at Manpower and Evaluation branch under the Development and planning Department, Government of West Bengal, Raj Bhavan, Calcutta they were appointed during the period from May 1975 to February 1977 a, investigator/computer. The minimum basic qualification for appointment in the said posts is B. A. / B. Sc. with statistics, economics, mathematics and physics. In addition to the minimum qualification each one of then petitioners acquired higher qualification, namely M. Sc. in Mathematics m. A. in Economics, M. A. in Rural Economics and Cooperation, M. Sc. in mathematics, M. A. in Economics, M. A. in Rural Economics and cooperation, M. Sc. in Physics or M. Sc. in Statistics on various dates, mostly prior to their appointment. It is their case that by circular No. 10035-A dated 21st Oct, 1974, the Government of West Bengal in the Finance (Audit) Dept. ordered that to attract talent and to avoid frustration si incremental benefits may be given to those who possess post graduate degree at the time of their entry into the service or obtained afterwards the petitioners' further case is that by a circular no. 3780-F dated 11th april 1980 the respondent authority instead of advance increments granted one time incremental benefit, called qualification-pay up to Rs. 200/- p. m. for possessing higher qualification than the basic qualification. It is their case that the petitioners were entitled to the said qualification-pay but the were deprived of the same. By a notification no. 5371-F dated 7th June 1985, the Governor was pleased to frame rules, called the West Bengal services (Qualification Pay) Rules, 1985, regulating the admissibility of qualification pay for the services and posts under the administrative control of the Government of West Bengal. It came into effect on 1st day of august, 1974 and accordingly the qualification pay that was previously being available came to be abolished with effect from the date of enforcement of the said rules. Of the ten petitioners herein, seven were appointed in the post of investigator and three were appointed in the post of computer. There were separate recruitment rule for the post of investigator and computer at the time of their appointment but following the order dated 4th June, 1987 passed by the Hon'ble Mr. Justice Mohitosh majumdar in Civil Rule no. 15369 (W) of 1980 a single cadre of investigator and computer was constitution and a single recruitment rules for the said posts was made, vide notificated dated 23rd July, 1990 and 19th March, 1992. The petitioners state that they came to know about the said orders sometime in the month of January, 1988 and immediately submitted representations before the respondents no. 2, 3 and 4 for obtaining six incremental benefits and qualification pay. The applications were submitted separately. After waiting for several months in vain the petitioners approached various authorities and inquired about the fate of their applications when they were informed that a file had been opened with their applications and placed before the higher authorities with favourable recommendations. Sometime in November, 1992, the petitioners came to know that although their claim for six incremental benefits and qualification pay had been accepted, approved and upheld by the respondents no. 2, 3 and 4 and recommended to the respondent no. 5 for accepting the claims as bona fide and valid and accordingly to sanction the amounts to them. But respondent no. 5, Finance Dept. did not grant the sanction. The petitioners maintain that they were entitled to the six incremental benefits and qualification pay for the reasons that the qualifications are specialized and technical in nature, the qualifications are added qualifications which are used for more efficient discharge of their official duties and that the recruitment rules do not require such added qualification as the minimum qualification for entry into the service. By denying the benefits to the petitioners, the respondents acted illegally, mala fide, with arbitrariness and in violation of statutory rules. Moreover, the respondents have granted the financial benefits of advance increments and qualification pay to one Smt. Sabita Guha, Senior Research Officer (Evaluation) posted at Development and Planning Department. Besides, the schedule Casts and Tribal Welfare Department, Government of West bengal have also granted six increments and qualification pay, vide SC and tw Dept. order no. 2310-TW to 2317 dated 26th July, 1984 and no. 194 tw dated 29th January, 1985 with the concurrence of the Finance department, vide their unofficial no. 63 Group "j" dated 10th July, 1984, on the self same ground to the Research Investigators. The respondents are thus guilty of indulging in discrimination. A demand notice dated 23rd December, 1992 through their learned advocate was served but the petitioners continue to be deprived of their lawful financial benefits. Hence by filing this writ application the petitioners have prayed for issuance of a writ in the nature of mandamus commanding the respondents to give effect to the order dated 21st October, 1974 and 11th April, 1980 in favour of the petitioners granting them increments as admissible up to 30th April, 1977 with effect from their date of joining the respective posts and qualification pay @ Rs. 200/- p. m. each with effect from 1st May, 1977 and accordingly to fix up their pay and to pay all their benefits of pays and arrear salaries.

(2.) THE State of West Bengal contest this writ application by affirming an affidavit. It has been stated that in terms of memorandum dated 20th october, 1974 incremental benefits for post graduate qualification are admissible only in those cases where possession of post graduate qualification of a specialized and technical nature are considered as added qualification for more efficient discharging of official duties. The representations of the petitioners were received and duly examined and referred to the Finance Dept. but the said department did not approve of the proposal. It is stated that the court is not the authority to grant any relief to the petitioner. It is the administrative dept. which in consultation with the Finance Department can only give such relief to the petitioners and the petitioners having failed to make out a case as to how the added qualification could be of advantage in due discharge of their official duties, the question of granting them financial benefits in the form of six advance increments and qualification pay cannot and should not arise.

(3.) THE relevant portion of memorandum no. 10035-F dated 21st October, 1974 is quoted below :-