NARENDRA NATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are Extension Officers and Lady Extension Officer (Social Education) Grade-III. They were originally appointed as Gram Sevak/Gram Sevika under the Development Department and served in such capacity for a number of years. The petitioners appeared for the interview before a selection board duly constituted for promotion to the post of Social Education Organiser, now designated as Extension Officer, Social Officer. At such interviews, apart from the petitioners other persons also appeared by applying directly to the said post. For the eligibility of such applicants in the case of male applicants for graduation and in the case of females, minimum qualification was under-graduate diplomas. The petitioners after such selection together with the direct recruits had undergone job training in social education organisers training center. Such training course was uniformed irrespective of educational qualification and during such training all the trainees in addition to their salaries received same amount of stipend. In accordance with the merit held at the final examination, trainees were placed in four grades 'A', 'B', 'C' and 'D' irrespective of their academic qualifications. Under the circumstances, some who belonged to Grade-III Extension Officers category were also placed in Grade-A at such final examination. The petitioners relied upon a Manual containing Rules and/or Regulations for training of workers which enjoin that personality, resourcefulness, leadership, initiative, spirit of sacrifice and service, simple and intelligent living were considered to be more important than mere academic qualification. Such Manual on Social Education referred to by the petitioners however not only have no statutory sanction, nor any indication had been given as to how and by which authority such guidelines have been formulated. The petitioners were aggrieved inasmuch as according to them a discrimination exist between Graduates and Undergraduates in the matter of employment, although the nature of job and works performed by and between them was equal and the same.

(2.) In 1961, during the revision of rules of Pay Scales, both the post Gram Sevak, Gram Sevika and Extension Officer/Lady Extension Officer, Social Education under graduates were made identical. On 8th August, 1962, a revised job chart was circulated under which both the grades had to discharge the same duty and responsibility according to the revised job chart. In 1965, the Education Department created three grades of Extension Officer, Social Education/Lady Extension Officer with different scales of pay and with a new job chart. Grade-I consisted of hours graduates and Masters Degree holders. Grade-II comprised of gradates and under Grade-III the undergraduates. The petitioners contended that such classification was not only unnecessary but also it was illusory inasmuch as, the responsibilities and the nature of the work remained same. Such classification by the authorities concerned on the ground that the work performed was linked with education as such, such classification was necessary in accordance with the qualification which the petitioners refuted on the ground that the employees belonging to all the three grades had to work in rural areas to eradicate adult illiteracy, to impact social education by organising libraries, sports, jatra, kathakatha etc. While doing the same, there is no possibility of imparting higher standard of general education. Apart from that the very fact that the employees belonging to Grade-I, Grade-II and Grade-III was inter-changeable inasmuch as some of the workers belonging to Grade-III had to perform the duties belonging to Grade-I. The duties performed by the petitioners are as arduous and anormous as extension official, Social Education, Grades-I and II. Hence, they are entitled to equal pay and status at per with Extension Officers, Grade-I and Grade-II. Over and above that by an order dated 11th July, 1968 all Extension Officers/Social Education/Lady Extension Officer, Social Education, were declared as self drawing officers. Such amenities were available to Gazetted officers which was similarly accorded to the petitioners without having the necessary educational qualification or graduation. In 1970 the pay scale of both the post of Gram Sevak/Gram Sevika and Extension Officer, Social Education/Lady Extension Officer, Social Education, Grade-III were made identical. The petitioners contended that they could not be placed on the same footing with the Gram Sevak. The post of Gram Sevak being a feeder post of Extension Officer, Social Education, such attempt to accord same monetary benefit and/or pay scale was unwarranted. The petitioners made repeated representations and protested against such discrimination being arbitrary, illegal and malafide. They demanded for abolition of graduation system and grant of status of Gazetted Officer to Grade-I and Grade-II to the exclusion of the petitioners. In spite of that by order dated 19th March, 1974 the authorities ordered that Extension Officer, Social Education, Grade-I and Grade-II will be treated as Gazetted Officers. The petitioners contended that such discrimination between Grade-I and Grade-II officers and the petitioners was not based on any intelligible differentia having any reasonable nexus with the object sought to be achieved. According to the petitioners such differentiation made between graduates and under-graduates was discriminatory, and violative of Articles 14 and 16 of the Constitution.

(3.) The Notification issued by the Government of West Bengal through the Education Department and Development Branch, dated 28th December, 1965, the classification between Grade-I, Grade-II and Grade-III of such workers had been indicated with the respective qualification and the scale of pay. Under the heading the duties and function of such Social Education Organisers, indicated that those who belonged to Grade-I inter alia included the duty of organizing and running social education centers for removal of illiteracy, promotion of post literacy education, health education and education of citizenship. They are also required to assist the Block Development Officer in implementing schemes for improvement of primary and secondary schools. In addition thereto, they had to carry out such work as entrusted to them from time to time by the Director of Public Instruction including visits to junior high schools and senior basis schools. They had to organize and conduct seminars, and symposiums for education of workers including preparation of literacy and audio visual aids. Similarly, Grade-II workers amongest others had to organise social education centers for removal of illiteracy, promotion of post literacy, education, health education and education in citizenship through audio visual media, organising cultural and recreational activities. The workers in that grade had also to assist the Block Development Officer in implementing the schemes for establishment of primary and secondary schools apart from carrying out such work as entrusted from time to time by the Director of Public Instruction.