LILY HALDAR AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) This application has been made by the wife and two sons of one Khameswar Halder who died on 26th Jan. 1981. The said Khameswar Halder was employed in the Public Health Engineering Directorate, Government of West Bengal. He was promoted to the post of Sub-Overseer under the Public Health Engineering Directorate on 23rd May 1955. He retired as Sub-Overseer with effect from 1st March, 1980.

(2.) The case of the petitioners is that during his lifetime the said Khameswar Halder, since deceased should have been treated at par and given the same scale of pay and other benefits to the Overseers now termed as Sub-Assistant Engineers in terms of the letter dated 4th Sept. 1973 issued by the Chief Engineer Public Health Engineering Directorate.

(3.) By the said letter dated 4th Sept. 1973 the Chief Engineer recommended that the scale of pay of the Sub Overseer who did not possess the requisite Sub Overseer's certificate or equivalent qualification should be given a scale of pay of Rs. 175.00 325/ from 1.4.81 or with effect from the date of completion of five years' service as Sub-Overseer whichever is later and pay scale of Rs. 300.00 500.00 with effect from 1st April, 1970, for the sake of justice.