- (1.) This appeal has been preferred by the Calcutta Metropolitan Development Authority (hereinafter called "the CMDA") against the judgment of the division bench of the Calcutta High court in appeal from Original Order No. 1164 of 1988 dated 22-12-1992. Dismissing the appeal the learned Judges confirmed the judgment of the learned Single Judge dated 13/3/1987 in Civil Order No. 466 (W) of 1985. The learned Single Judge came to the conclusion that the writ petitionerswho were working as Programme Officers under the CMDA and were given the scale of Rs. 470-1230 were entitled to the scale of Rs. 660-1600. The said scale was directed to be given with effect from the respective dates of promotion of the writ petitioners. It was also held that they would be entitled to 50% of the arrears on the basis of such fixation. In this appeal filed by the CMDA, the said view of the Calcutta High court is challenged on the ground that the Programme Officers working under the CMDA were permitted to draw the scale of a Section Officer namely Rs. 470-1230 and there was no resolution of the CMDA permitting them to draw the scale of Rs. 660-1600. It is also contended for the CMDA that the learned Single Judge as well as the division bench were not right in holding that the concession of the learned counsel for the CMDA was to the effect that the writ petitioners were entitled to the scale of Rs. 660-1600.
(2.) The learned counsel for the appellant CMDA referred to us, among others, the following facts and resolutions of the CMDA: The CMDA was created by the Calcutta Metropolitan Development Authority Act, 1970 which Act was replaced by a subsequent Act of 1972 (12 of 1972. The CMDA provides for the establishment of the statutory authority for the formulation and execution of plans for development of the Calcutta Metropolitan Area, for the coordination and supervision of the execution of such plans and for matters connected therewith or incidental thereto. The terms and conditions of the service of the writ petitioners under the CMDA are governed by the CMDA (Service) Regulations, 1975 framed by the CMDA. The writ petitioners were appointed as Samaj Sevaks/sevikas and Junior Samaj Sevaks/sevikas. When the writ petition was filed the petitioners were working as Programme Officers. In the writ petition, they claimed the scale of Rs. 660-1600 instead of Rs. 470-1230 which the CMDA gave them. We shall refer to the relevant resolutions of the CMDA chronologically in this behalf. The agenda for the 74th meeting of the CMDA proposed the creation of posts for implementation of the S. S. B. Programme under CUDP-III with World Bank Aid. For the implementation of the said programme, as suggested by the World Bank, it was proposed to sanction new posts with new scales of pay. The entire area of operation was to be grouped into six zones. The staffing pattern of the Zonal Officer was to comprise of six Zonal Officers with the scale of pay of Rs. 660-1600, two Programme Officers with scale of Section Officer, 16 Planning Assistants/programme Assistants with scale of pay of Rs. 425-1050. So far as Zonal Officers were concerned, they were to be filled, as the posts were new, on deputation from Junior WBCS Officers. So far as the two posts of Programme Officers were concerned, they were to be filled by promotion of the existing planning assistants serving in the unit. It may here be noted that the revised scale of pay of Section Officers was Rs. 470-1230. On the basis of the said agenda, the 74th meeting of the CMDA took place on 15/12/1982 and the resolution passed at the said meeting disclosed in para 22 that the authority had approved the proposal for creation of posts for implementation of the S. S. B. Programme under CUDP-III subject to the amendment that the posts in the subordinate offices (Zonal Offices) would be filled up only after 645 the Scheme IDA-11 was negotiated successfully with the World Bank. Initially sanction of two posts of Programme Officers was granted by the order dated 15/1/1983 by the CMDA. The agenda for the 76th meeting of the CMDA was then prepared and it shows that the number of posts of Programme Officers were increased from 2 to 23 and the scale of pay was shown as Rs. 470-1230 while the scale of pay of the six Zonal Officers was shown as Rs. 660-1600. The supplementary agenda consisted of four Annexures I to IV. Annx. I dealt with the set-up, Annx. II with the scale of pay, Annx. III with the sanctioned strength of the staff proposed to be sanctioned while Annx. IV contained the financial statement. The agenda also stated that the approval of the CMDA to the administrative set-up and the other annexures pertaining thereto was solicited. The 76th meeting of the Board of CMDA took place on 23/3/1983. Para 7.1 of the resolution at their meeting stated that the CMDA approved the administrative set-up proposed in the agenda with details noted in Annexures I to IV to the supplementary agenda and that the authority had decided to pay the pay scales of the posts only after the Finance secretary had considered them. Separate approval was given to the supplementary agenda at this 76th meeting on 23/3/1983. After referring to Annexures I to IV of the supplementary agenda, the resolution mentioned that there were 23 posts of Programme Officers in the scale of Rs. 470-1230. Pursuant to Resolution 7 on the supplementary agenda, the CMDA stated on 7/4/1984 that the said resolution was being sent to the Finance secretary for obtaining his views on the scales of pay proposed for the two categories of posts. The financial implications in respect of the 23 posts of Programme Officers in the scale of pay of Rs. 470-1230 were also communicated. On 25/5/1983 the Finance Department accepted the above pattern of pay scales except in regard to the special pay recommended by the CMDA to the officers at various levels. As regards the pay scales it was stated that the Finance Department had no objection inasmuch as they were in accordance with the pattern of pay scales prescribed in the West Bengal Services (Revision of Pay and Allowances) Rules, 1981 (hereinafter called "the ROPA Rules"). Thereafter, the CMDA passed final orders on 26/3/1984 for creation of 21 posts of Programme Officers in the scale of Rs. 470-1230.
(3.) It is the case of the writ petitioners in the writ petition that they are entitled to the pay scales of Rs. 660-1600. They rely upon an earlier resolution of the CMDA dated 13/12/1981 by which the CMDA accepted in principle the "adoption" of the West Bengal Services (Revision of Pay and Allowances) Rules, 1981 (the ROPA Rules). The above resolution of the CMDA dated 13/12/1981 requires that the pay scales of CMDA be accordingly revised in line with the West Bengal Services (Revision of Pay and Allowances) Rules, 1981, applicable to West Bengal government employees and also that the revised pay scales should be deemed to have come into force from 1/4/1981. Relying on the said resolution of the CMDA dated 13/12/1981 the petitioners contend that the pay scale of Programme Officers in the West Bengal government service (which was governed by the said ROPA Rules) is Rs. 660-1600 and, therefore, the petitioners who arealso Programme Officers in the CMDA are entitled to the same pay scale of Rs. 660-1600. On the other hand, it is contended for the appellant CMDA that the posts of Programme Officers in the State government are not comparable to the corresponding posts of Programme Officers in the CMDA and, therefore, the petitioners are not entitled to the scale of Rs. 660-1600. The learned Single Judge, however, came to the conclusion that in view of the budget estimate appended to the supplementary agenda for the 76th meeting of the CMDA wherein the average monthly pay was taken as Rs. 1931 for Programme Officers, it must be presumed that the CMDA accepted the scale of Rs. 660-1600 inasmuch as the; same average of Rs. 1,931. 00 per month was computed for the Zonal Officers whose pay scale was admittedly Rs. 660-1600. The learned Single Judge also referred to an admission made by the learned counsel for the CMDA, Mr. Bagchi, before him to the following effect: "It is contended by Mr. Bagchi that the Recruitment Rules have not been framed and accordingly the Programme Officers are not entitled to the scale even if such scale was approved. It is however admitted that the pay scale of Rs. 660-1600 was adopted by the CMDA but the approval of the State government was not obtained. ";