APURBA KR CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The 34 petitioners are wireless cleaners under the Calcutta Police Department. According to them they perform, in essence, the identical duties as police constables. However, they get a lower scale than the police constables. They submitted a representation before the Commissioner of Police for being treated on par with police constables. Their representation was recommended by the then Commissioner of Police to the Government of West Bengal by Memo No. 1202/SPC dated 31st March, 1987. In the recommendation, the then Commissioner delineated the duties of wireless cleaners and said that they were strenuous. It was also noted that there was no scope for promotion of wireless cleaners. The then Commissioner of Police, apart from recommending parity of pay with constables, also recommended certain subsidiary matters including re-designation of wireless cleaners as wireless helpers.

(2.) The State of West Bengal re-designated the petitioners as wireless helpers on the basis of the recommendation but did not implement the recommendation as far as parity of pay was concerned.

(3.) The petitioners moved an application under Article 226 of the Constitution being C.O. No. 14705 (W) of 1991. The writ application was disposed of on 24th November, 1993. The learned Judge said that :