State Of West Bengal vs Subhas Kumar Chatterjee & Ors

2. In order to consider the question as to whether the judgment suffers from any infirmities requiring our interference, it may be just and necessary to notice the relevant facts.

5. In the year 1982, three Senior Laboratory Assistants filed a Writ Petition in the Calcutta High Court claiming scale no. 11 under ROPA Rules on the allegation that they were performing similar duties as that of Senior Research Assistants. The said Writ Petition was disposed of by a learned Single Judge of the High Court granting scale no. 11 as claimed by the writ petitioners therein vide judgment dated 25th November, 1987. Be it noted that the said writ petition was disposed of on the doctrine of non-traverse since the State Government was unrepresented and no affidavit filed on its behalf. However, the learned Judge granted relief directing the said pay scale to be paid w.e.f 4 1st April, 1981 but, directed that the petitioners therein would be entitled to arrears only w.e.f April, 1987. The State was also directed to place the matter before the 3rd Pay Commission so that the Commission could consider the case of the Senior Laboratory Assistants for higher scale duly taking into consideration their qualifications and duties.

6. On 30th June 1987, 3rd Pay Commission for the State of West Bengal was constituted to consider the revision of pay and emoluments of its employees. The Commission submitted its report in December, 1988, granting only scale 6 (revised to Rs. 1040-1920) to the Senior Laboratory Assistants and scale 9 (revised to Rs. 1260-2610) for the Research Assistants. The State Government having accepted the recommendations framed ROPA Rules, 1990 allowing scale nos. 6 and 9 respectively to the Senior Laboratory Assistants and Research Assistants. The 4th Pay Commission retained the same pay scales. However, the pay structure was revised. The State Government accordingly framed ROPA Rules, 1998.

7. The respondents herein who are the Research Assistants approached the Tribunal after a period of more than 12 years claiming revision of scale of pay and fixation of benefits w.e.f 1st April, 1981 in scale no. 14. Their case essentially was based upon the judgment of the High Court in Writ Petition No. 2893W of 1982 granting scale no. 11 to Senior Laboratory Assistant which was the feeder post to the Research Assistant and therefore, the Research Assistants were entitled to the proportionate hike in their scale of pay. The Tribunal disposed of the O.A filed by the respondents herein directing the Chief Engineer, Public Works (Roads) Directorate to treat the application filed before it along with its annexures as a representation and to dispose of the same by a reasoned order.

9. The appellant State challenged the said order of the Tribunal in a writ petition filed before the High Court. The High Court vide impugned order dismissed the writ petition and confirmed the order of the Tribunal. Hence this appeal.

24. For the aforesaid reasons, the order of the Administrative Tribunal directing the Chief Engineer, Public Works (Roads) Directorate to decide the dispute raised by the respondents with regard to their pay scales is void ab initio and cannot be given effect to.

27. For the reasons above, the impugned judgment of the High Court as well as the judgment of the Tribunal is set aside. However, the amounts if any paid to the respondents pursuant to the impugned orders shall not be recovered.

28. The appeal is accordingly allowed without any order as to costs.