PARESH DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2nd March, 2001 passed by the learned Single Judge while deciding the writ petition filed on behalf of the appellants herein. The writ petitioners, who are the appellants herein were initially appointed as Lower Division Clerks in West Bengal Council of Higher Secondary Education against on substantive vacancies ad hoc basis. Pursuant to the office order bearing No. S/372 dated 31st December, 1981 issued by the President, West Bengal Council of Higher Secondary Education, total 54 members of the ad hoc staff including the appellants herein were appointed in the substantive posts of Lower Division Clerks w.e.f. 10.10.1981. By the said office order bearing Nos. /372 dated 31.12.1981, another group of employees, namely, the respondent Nos. 5 to 14 were also appointed in the posts of Lower Division Clerks from the posts of Regular Peons. Thus, by the aforesaid office order, 54 ad hoc employees including the appellants and the respondent Nos. 5 to 14, who were regular Peons in the establishment of the West Bengal Council of Higher Secondary Education were brought in a common cadre and placed in the identical scale of pay (Rs. 400 - Rs. 900/ -) w.e.f. 10th October, 1981.

(2.) SUBSEQUENTLY , in partial modification of the aforesaid office order No. S/372 dated 31st December, 1981, another office order was issued bearing No. S/Est/70 dated 15th June, 1982 whereby and whereunder the pay of the respondent Nos. 5 to 14 was refixed at Rs. 450/ - per month w.e.f. 10.10.1981. Apart from the aforesaid employees, the respondent Council also refixed the higher initial pay at Rs. 450/ - per month in respect of another category of employees consisting of 38 Lower Division Clerks.

(3.) REFIXATION of the pay of respondent Nos. 5 to 14 and also a group of Lower Division Clerks consisting of 38 Lower Division Clerks was initially not acceptable to the Government and the Assistant Secretary to the Government of West Bengal, Education Department, asked the Secretary, West Bengal Council of Higher Secondary Education by Memo dated 27th December, 1990 to furnish the reasons for fixing pay at Rs. 450/ - per month in respect of the said 38 Lower Division Clerks. The relevant portion from the aforesaid Memo dated 27th November, 1990 issued by the Assistant Secretary, Government of West Bengal is set out hereunder: Three advance increments reported to have been given in favour of atleast 38 L.D.Cs./Typists in the revised scale of pay of Rs. 400 - Rs. 900/ - and thereby fixing their pay at Rs. 450/ - with effect from 1.4.1981 who were in service prior to 10.10.1981 on consideration of their seniority in service. It is not understood as to why such an extra -ordinary benefit was granted in favour of a particular category of employees. I am, therefore, to request you kindly to justify, with sufficient reasons the actions of the Council in this regard.