Amitava Lala, J. - (1.) The writ petitioners are the Medical Officers/Teachers of the Calcutta National Medical College, Calcutta and have retired on various occasions, particulars whereof are given at page 26 of the petition.
(2.) A Single Bench of this Court has decided the issue similarly placed in Civil Rule No. 9832 (W) of 1986 (Dr. Shibenda Mohan Lahiri v. State of West Bengal) , relevant part of which are as follows : "Further in view of the recent trends of decisions of the Supreme Court in the case of Randhir Singh v. Union of India (1982 Lab IC 806) (supra) that the persons performing "equal work should be given equal pay" and the said view has been considered to implement the provisions of Article 39(d) of the Constitution. In the results, the writ petition is entitled to succeed and following directions are passed accordingly. a) The respondents and each one of them are directed to determine the terms and conditions of service of the writ petitioners, along with other employees of the Institution, as they are similarly placed after the enforcement of the Amending Act of 1976, as they are full-fledged Government servants and they are performing "equal work" and, as such, they are entitled to "equal pay", in view of the principle laid down in the judgments referred to hereinabove. b) The State Govt. and their officers and subordinate are directed not to discriminate the petitioners along with the medical officers who have been appointed after the taking over of the management and treat them, as full-fledged Government servants; and implement the provisions of the West Bengal Service Rules Part-I, in particular relation to "transfer", "retirement" and "other conditions of service", in spite of the fact that they have exercised option in terms of 1967 Act and Rules, as they are impliedly repealed. c) For the purpose of retirement and other pensionary benefit, the respondents should take into account the past services of the petitioners from the coming into force of 1976 Act, as in view of the provisions of the said 1976 Act, when they became full-fledged Government servants. d) Such determinations and/or fixation and/or implementations have to be made within two months from the communication of this order to the respondents Nos. 1 and 3, being the State of West Bengal, through the Secretary, Deptt. of Health and Family Welfare (General Administrative Branch) and the Director of Health Services, Govt. of West Bengal, Deptt. of Health and Family Welfare, in accordance with law. The Rule is made absolute to the extent as indicated above. There will be no order as to costs. The prayer for stay of operation of this judgment is refused in view of the fact that this Court has granted two months' time to the respondents to implement the judgment."
(3.) I have come to know that no appeal was preferred from such order and State of West Bengal, Department of Health and Family Welfare has given implementation of the order by subsequent order dated 17th May, 1995 under Memo No. HF/N/MA/1-69/1- 51/94. The only contention of the writ petitioners hereunder that the petitioners' right which are similarly placed as regards to their pensionary and other retiral benefits were not considered by taking a plea that the petitioners were not parties to such writ petition which was disposed of earlier and the effect was given. Such step on the part of the authority concerned, according to this Court, is not acceptable at all. The petitioners being similarly placed along with the writ petitioners under earlier writ petition cannot be discriminated in the manner that one of the parties has made writ petition, that is why he has given the opportunity of having proper pensionary and other retiral benefits but others will be discriminated. The order of the Single Bench of this Court as passed in the earlier occasion does not say so.;