SUJIT DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY the aforesaid writ petition, Sujit Das, the petitioner, asked for cancellation and/or setting aside of an order of deduction at the rate of rs. 1,000/- per month from the salary of the petitioner and also for allowing the petitioner to enjoy the benefit of the pay scale under D-1 category. The writ petition was filed in the year, 1996 for the aforesaid reliefs and on 26th August,1996 an interim order was passed restraining the respondent authorities from recovering the alleged excess amount already paid, from the salary of the petitioner. This writ petition appears to have been dismissed from time to time and then restored time and again subsequently, and had been pending since then. The facts of the case are admitted as it appears from reading of the pleading of both the sides. Such admitted facts are stated hereunder.

(2.) PURSUANT to an advertisement on 16th January, 1983 the petitioner applied for appointment to the post of Superintendent of Motor Vehicles department of respondent Corporation in the revised scale of pay of rs. 470-20-550-25-750-30-870-40-1230/- plus usual dearness allowances. In the advertisement requisite qualification for the aforesaid post was B. E. in Mechanical Engineering from any recognised University with special subject in Automobile and minimum two years' experience in a reputed automobile workshop. The petitioner did not or does not have the aforesaid qualification. Rather, he had qualification of Diploma in Mechanical engineering obtained in 1974 and then post-diploma in Automobile obtained in 1977. The petitioner claims his aforesaid two qualifications are to be equivalent to B. E. Mechanical Engineering. Pursuant to his application he was invited for taking interview. He was chosen as second along with other two candidates. The first candidate did not turn up, though appointment was made in his favour and subsequently cancelled. On 24th may, 1983 the Chairman of the Howrah Municipality appointed the petitioner on temporary basis for a period of six months from the date of joining at a pay of Rs. 470/- in the revised scale of pay of Rs. 470-Rs. 1230/ -. After completion of period of six months followed by another one year the petitioner was confirmed on or about 23rd March, 1985 with effect from 1st December, 1983 at the aforesaid scale of pay in the said post of Superintendent of Motor Vehicles Department. On or about 21st March, 1991 revision of pay and allowances was implemented pursuant to the Third Pay Commission and the petitioner filled in an option form for the new scale of pay of Rs. 2200-80-3000-100-40007- under D-1 category serial No. 24 which was corresponding to old pay scale of Rs. 470-Rs. 1230/ -. He was allowed the benefit of the said revised pay scale. Thereafter, suddenly it is found in the salary certificate for the month of june, 1996 the respondent Municipal Corporation without giving opportunity of being heard reduced the salary depriving the benefit of revised scale of pay and sought to deduct about Rs. 1000/- from his salary. In substance, the said revised pay scale of Rs. 2200-Rs. 4000/- was not allowed. Lesser revised pay scale viz. Rs. 1,500-Rs. 3,410/- was allowed. During pendency of the writ petition subsequent Pay Commission came into effect and it was implemented by the respondent authorities. The said pay scale of Rs. 2,200-Rs. 4,000/- was revised at the scale of serial No. 24 i. e. Rs. 8,000-Rs. 13. 500/ -. This fact has been brought on record by filing a supplementary affidavit.

(3.) IT is the case of the writ petitioner that even assuming that qualification possessed by him is not equivalent to B. E. Mechanical engineering still then the other employees who are having the same qualification were granted revised pay scale as sought for by him by regularising the same, The stand taken in the affidavit-in-opposition by the Howrah Municipal Corporation is that it has been specifically mentioned in the relevant Pay Commission Report that for granting pay scale of rs. 2200-Rs. 4000/- the employee concerned has to have a degree in automobile/mechanical Engineering and five years' experience in servicing, maintenance and repairs of motor vehicles and power driven machinery. The petitioner admitted that he does not have such qualification. Moreover, the post of Superintendent of Motor Vehicle is meant to be filled up by way of direct recruitment and the other employees having Diploma in Engineering were given promotion to the post of Assistant Engineer and only on promotion they were given the said pay scale. It is true that the writ petitioner was allowed the said pay scale of Rs. 2200-Rs. 4000/-but on condition and/or undertaking that after scrutiny of his qualification excess salary which might be drawn shall be recovered. In view of this undertaking it is not open for the writ petitioner to challenge the deduction. Since the Government stipulation is issued on the strength of the aforesaid recommendation of Pay Commission which is an act of an expert body the respondent authorities cannot flout and violate the same. As such, the action taken by the Municipal Corporation was justified and lawful.