- (1.) Leave granted. We have heard learned counsel on both sides.
(2.) This appeal by special leave arises from the order of the Division Bench of the Calcutta High Court dated August 27, 1993, made in F. M. A. No. 211/91, confirming the order of the learned single Judge dated January 20, 1987, made in C. R. No. 16484/84. The admitted facts are that the Carmichael Institute for Tropical Diseases in Calcutta, West Bengal at one time was run by a charitable institution. Later it was run for sometime as a private institute under a scheme framed by the Government in 1949. Subsequently, on March 4, 1971, the Government had taken over the institute w.e.f. April 1, 1971. The service conditions of these employees were treated on par with the Government servants. On February 15, 1973, the Government constituted separate cadres of the staff working in the institute. We are concerned in this appeal with two cadres, namely, non-medical technical staff and Class IV staff. Regarding pay scales of the institute the Government had referred the matter to the second Pay Commission. In 1981, pursuant to the recommendation made by the Second Pay Commission which was partly accepted the Government decided to give to the non-Gazetted teaching staff UGC scales and other staff continued to be paid on par with the Government staff as before. It would appear that the other staff made a representation to the Government. The Government carefully considered that representation and on July 9, 1984, it decided that UGC pay scales as enjoyed by the employees of the seven Universities of the State cannot be granted to Group C and Group D employees of the institute. Subsequently, the respondents came to file their writ petition. It transpires from the record that the Government had not contested before the learned single Judge. Therefore, the learned single Judge allowed the writ petition and directed to grant UGC pay scales to the respondents. On appeal it was confirmed. Thus this appeal by special leave.
(3.) It is not in dispute that the Government had treated the respondents as Government servants and Pay Commission rejected payment of the pay scales prescribed by the UGC to the non-medical technical staff and Class IV employees. It is an admitted position that a Government servant is bound by the pay scales prescribed for the employees of the State. In fact pursuant to the options called for,the respondents had opted to become Government servants. In the resolution of the Government dated February 16, 1973, it was stated as under: "The posts of Non-Medical Technical Personnel and Class IV staff as indicated in Appendix I, Appendix 11 shall constitute separate cadres for the School of Tropical Medicine, Calcutta, and its attached institutes on the same principles as are applicable in matters or recruitment, promotion, etc. to similar cadres sanctioned in the Directorate of Health Services, and Director, School of Tropical Medicine, Calcutta shall also fix from time to time the strength of the two cadres in accordance with the principles laid down in the relevant Government order." ;