STATE OF WEST BENGAL Vs. SAMBHUNATH CHATTERJEE

JUDGEMENT

(1.) All the above numbered appeals along with the applications are disposed of by this common Judgment and order. Claims/Prayers made out in the writ petition in connection with the above appeals are identical: facts are more e\r less sama except one or two deviations as described hereinbelow. Since the points of law to be decided and facts in all the appeals are identical, all are taken up analogously for hearing. Facts in Brief:

(2.) The writ petitioners herein claimed to be the Lecturers of different non-Government Colleges of West Bengal. The writ petitioners/ respondents joined the respective institutions in or about the year 1976 to 1979. The writ petitioners/respondents passed M.A. Examination in different subjects. The writ petitioners/respondents have annexed the certificates in support of their qualifications but since the respondents haven't annexed the mark-sheets it is not clear as to what are the percentage of marks secured by them e.g. Sambhunath Chatterjee, the respondent No. 1 in FMA 142 of 2003 has annexed Higher Secondary certificate, Graduation certificate and Masters Degree cettificate as annexure 'A' collectively but nowhere in the writ petition it has been stated as to what are the percentage of marks secured by said Sri Sambhunath Chatterjee or no document has been annexed to that extent. The respondents/writ petitioners joined the respective Colleges on the basis of selection by selection committee constituted by the Governing body of the Colleges.

(3.) Initially, the respondents/writ petitioners were appointed on particular terms by different Colleges. Either they got ad hoc appointment or appointment as whole-time teacher etc. but not against specific scales. In the year 1975 the Government of West Bengal decided to introduce new pay scale for the University & College teachers' as per the guidelines or norms prescribed by University Grants Commission (shortly termed as UGC). Government order No. 372 Edn(CS)/5P-9/74 dated 7th April, 1975 with the subject "Revision of salary scales of University and College teachers". In the said Government order it has been written/indicated that the Government of India in November, 1974 of the Ministry of Education and Social Welfare, requested the State Govt. to consider the question of implementing in this Stage the Scheme of the revised pay scales of University and College teachers as recommended by the University Grants Commission with such modification, if any as may be considered necessary to suit local conditions. The Government of India offered to render financial assistance to the extent of 80% of additienal expenditure involved in giving effect to the revised scales of any pay subject to the following conditions: