- (1.) This Writ Petition has been filed by 22 Petitioners who are said to be employees of the West Bengal Council of Higher Secondary Education (hereinafter referred to as the said Council). They have prayed for an Order commanding upon the Respondents to withdraw the Memo dated 15.1.2008 as contained in Annexure-P/15 (page 106 of the Writ Petition) by which the Secretary of the said Council, while dealing with their Representation 2 dated 2.1.2008, advised them to approach a Court of Law for redressal of their grievances. The Petitioners further pray for a Direction upon the Respondents to revise their basic scale of pay at Rs. 450/- with effect from 10.10.1981 and release all other consequential benefits which are payable to them on account of subsequent revisions of pay scales.
(2.) According to the Petitioners, they were appointed along with the Respondent Nos. 14 to 40 on the post of Lower Division Clerks (on adhoc basis) during the period ranging from 1979 to 1981. Thereafter the Petitioners, along with these Respondents, were given the scale of Rs. 400-900 plus allowances as admissible with effect from 10.10.1981 vide Office Order No. S/372 dated 31.12.1981. These appointments were made on substantive basis as they had already worked on adhoc basis. By reason of the same Order, another batch of employees, namely the Respondent Nos. 5 to 13 were appointed as LDC in the scale of Rs. 400-900 with effect from 10.10.1981 but before such appointment on the post of LDC on substantive basis, they had been working on the post of Peons. By reason of this Order dated 31.12.1981, those Respondents were appointed on the post of LDC from the post of Peon whereas the Petitioners, by the same Office Order, were appointed on the post of LDC on substantive basis from the post of LDC on adhoc basis. The Respondent Nos. 5 to 13 were confirmed with effect from 1.8.1981 and were subsequently appointed on the post of LDC vide the aforementioned Order No. 372 dated 31.12.1981. 33.1981" The revision of pay scales of Officers and employees was introduced vide Memo dated 22.6.1981 (Memo No. 55-Edn (HS)/Edn (HS)- 3S/22/81). The last paragraph of the said Memo reads as follows:- "It is requested that the Council may please be moved to draw the terms and conditions for coming over of all other staff to the revised scale of pay and the same be submitted to the State Government for approval, as required under Section 17(2) of the West Bengal Council of Higher Secondary Act, 1975(West Bengal Act VIII of 1975)" (Quoted) 4contra According to the Petitioners, the posts of LDCs were divided into two categories namely :- (1) Steno-Typist/Accounts Clerk/Typist Gr. I/Telephone Operator/Mahari Gr. I/Proof Reader/Routine Grade Clerk/Administrator/Mechanic Gr.I. (2) Junior Assistant/Cashier/Field Assistant. 5h effe The Petitioners have stated that the Council thereafter made a Representation without implementing the revision of pay scales as was introduced by Memo dated 22.6.1981 for change of scale of pay of the employees of the Council and pursuant to such request, the Memo dated 22.6.1981 referred to above, was cancelled and a new pay scale was introduced by Notification dated 18.12.1981 which was issued under the signature of the Deputy Secretary, Department of Education, Higher Secondary Branch, Government of West Bengal By virtue of the said Notification dated 18.12.1981, the revision of pay scales of the Officers and employees of the Council was approved in terms of Section 17(2) of the West Bengal Council of Hig.her Secondary Education Act, 1975 and 4 accordingly, the scale of LDCs, in terms of the said Notification dated 18.12.1981, was revised at Rs. 400-900. The said Notification dated 18.12.1981 is Annexure-P/4. The Respondent Nos. 5 to 13 were appointed, as stated above, vide Officer Order dated 31.12.1981 in the pay scale of Rs. 400-900 and the Petitioners, along with the Respondent Nos. 14 to 40, who had been working as LDC on adhoc basis from 1989 onwards, were substantively appointed on the post of LDC from 10.10.1981 and were also given the scale of pay of Rs. 400-900. Thereafter on 14.1.1982, the Council intimated that the Government of West Bengal had accorded approval to the revised scale of pay and therefore, the Officers and employees of the Council were sanctioned the revised scale of pay subject to exercising of option in a prescribed form. The proviso to para 4 of the said Office Order dated 14.1.1982 reads as follows:- "Provided that pay in respect of LDCs and Typists already in service of the Council prior to 10.10.1981 shall be fixed in such a manner that their basic pay after refixation of pay in the revised scales shall not be less than Rs.450/- per month as on 1.4.. (Quoted)
(3.) According to the further case of the Petitioners, the scale of pay of persons who were already in employment of the Council on the post of LDCs and Typists prior to 10.10.1981, were directed, in terms of the proviso to para 4 above, to be fixed at Rs. 450/- on 1.4.1981 but the Respondents failed to fix the basic pay of the Petitioners and the Respondent Nos. 14 to 40 at Rs. 450/- with effect from 1.4.1981 although they were working on the post of LDC prior to 10.10.1981.;