STATE OF WEST BENGAL Vs. ANIL CHAKRABORTY

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned single Judge of this Court whereby while allowing the writ petition filed by the original writ petitioners the learned single Judge directed that the petitioners would be entitled to the same scale of pay which has been granted to the graduate laboratory instructors of non-government colleges by the Circular dated 26th December. 1994. This relief was given motionally with effect from 1st August. 1987 and effectively from 26th December. 1994. The learned single Judge directed the arrears involved in the difference of pay scale with effect from 26th December. 1994 and to be paid to the writ petitioners within the period of six months.

(2.) This appeal has; been filed on behalf of the State of West Bengal represented by its Secretary, Higher Education Department, Deputy Secretary, Governmc:nt of West Bengal, Education Department and Director of Public Instructions, Government of West Bengal, who were respondent Nos. 1. 2 and 3 in the writ petition.

(3.) The said writ petition was filed by as many as 26 laboratory instructors from various non-government colleges and they had claimed therein a declaration that they were entitled to the same status and same pay scale as graduate laboratory instructors. The second relief prayed for was benefit of pay scale provided in the notification No.931 Edn.(CS)/SS-16/89 dated 26th December. 1994. By that notification the Government had provided that the scale of pay in respect of all the graduate laboratory instructors of non-government colleges would be revised to Rs. 1390-45-1615-55-2055-65-2445-75-2970 with effect from 1st August. 1987. It was also declared that the graduate laboratory instructor of non-government colleges shall continue to enjoy teaching status as given to them in G.O. No. 1039-Edn(CS) dated 27th July, 1988. The 26 petitioners who were admittedly non-graduate laboratory instructors sought in the writ petition for the same relief and declaration on the ground of 'equal pay for equal work. According to them the said decision on the part of the State of West Bengal was arbitrary and discriminatory and they could not be deprived of the increased pay scale merely because they were under-graduate since they were doing identical work with the graduate laboratory instructors.