STATE OF WEST BENGAL Vs. SUBHASH KUMAR CHATTERJEE

JUDGEMENT

(1.) THE above application is directed against a judgment and order dated 18th August 2005 passed by the learned Tribunal in OA No. 1053 of 2003, whereby and whereunder the learned Tribunal allowed the application and granted relief to the respondent Nos. 1, 2 and 3. The short fact of the case which is leading to filing of the instant application, is put in short hereunder:

(2.) THE respondent Sri Subhas Kumar Chatterjee and the respondent nos. 2 and 3 herein are the Research Assistants working in the Public works (Roads) Directorate under the administrative control of the Chief engineer and were posted at Murisidabad Highway Division No. 1 at berhampur, Mursidabad. The 50% vacancy in the post of Research assistant is to be filled in under relevant circular of the department, by way of promotion from immediately feeder post of senior laboratory assistant, and remaining 50 per cent is to be filled up by the method of direct recruitment with higher qualification namely B. Sc. degree with physics, chemistry and mathematics and some working experience in soil or road and building materials' laboratory. The qualification for having promotion from feeder post of senior laboratory assistant is pass certificate in Higher Secondary/pre-University examination or its equivalent with physics, chemistry and mathematics plus 5 years' experience as senior laboratory assistant, or a pass certificate of school final examination or its equivalent plus six years' experience as senior laboratory assistant (for persons already in service ).

(3.) THIS methodology of the filling in vacancies in the post of Research assistant was adopted by a Notification being No. 68-R/e dated 4th July 1972. Obviously the pay scale of the senior laboratory assistant in the feeder post of research assistant was lesser than that of a latter one. Prior to revision of pay scale of 1981 the pay scale of research assistant was of Rs. 300-600 whereas senior laboratory assistant was at Rs. 230-425. Thereafter there was revision of the aforesaid two pay scales respectively namely Rs. 380-910/- (scale No. 9) for the research assistant and Rs. 300-685 (scale No. 6) for old senior laboratory assistant.