S.B. Sinha, J. - (1.) This writ application at the instance of the State of West Bengal is directed against a judgment and order dated 6.5.99 passed in O.A. No. 1002 of 1997 whereby and whereunder the writ application filed by the respondents herein for grant of "equal pay for equal work" was allowed with the following directions: "In a decision of the Supreme Court vide State of U.P. v. Ramachraya Yadav, (1996) 3 SCC 332, it has been held that the principle of "equal pay for equal work" is attracted only when two sets of employees are similarly situated and are discharging similar functions but yet are getting different scales of pay. In the instance case we find that the applicants are similarly circumstanced with the other State Services including the State Civil Service and the officers of the Cottage and Small Scale Industries Department which have been granted the benefits by the Hon'ble High Court. In the above view of the matter, the application is allowed and the impugned speaking order passed by the Principal Finance Secretary on 19.6.1997 (Annexure 'G') is set aside. The respondents are directed to implement the benefits of G.O. No. 5916 (62)-F dated 3.8.1981 and of G.O. No. 8555-F dated 18.9.1985 to all the applicants and members of the Association of Engineers and Technical Officers of the Directorate of Industrial Training, Government of West Bengal with effect from the date from which the officers of other services similarly circumstanced with the applicants have been given the benefit within four months from the date of communication of this judgment. No order is made as to costs."
(2.) The aforementioned direction was issued by the Administrative Member of the Tribunal.
(3.) The learned Chairman of the Tribunal, however, passed a separate judgment stating: "By annexure 'C', some of the post holders of W.B. General Service were given the benefits as envisaged in annexure 'B'. It is not explained why others of the W.B. General Service have been excluded. This is clearly violative of Article 14 of the Indian Constitution. The Promotion Policy as per annexure 'B' was meant for all services of the State Govt. If any particular segment of any service was excluded from the sweep of that Policy then there ought to have been some plausible reason for the same. In the absence of any specific reason for the exclusion, the exercise of discretion was clearly discriminatory violative of the provision of Article 14 of the Constitution.";