Shampa Sarkar,J. - (1.) In this writ petition, the petitioners have challenged the communication dated November 23, 2016 issued by the Under Secretary to the Government of India, Ministry of Shipping, to the Chairman, Kolkata Port Trust (KOPT), (hereinafter referred to as the impugned memorandum). The writ petition is based on the following facts.
(2.) The petitioners are Class I Officers of KOPT. Their service conditions are regulated by rules framed under the Major Ports Trusts Act, 1963. Earlier, the pay scales of the class I officers in KOPT were revised after every five years. Consequently, there was a pay scale revision in 1987 and 1992. From 1997 onwards, pay revision was effected after every ten years. By a memorandum dated June 6th, 2007, the Government of India, Ministry of Shipping, Road Transport and Highways, Department of Shipping Ports Wing, decided to constitute a Pay Revision Committee (PRC) to formulate proposals for the pay revision of Class I and II Officers of Major Port Trusts and Dock Labour Boards, to be effective from January 1, 2007. The terms of reference to the PRC, was to examine the structure of emoluments and conditions of service, taking into account the total package of benefits in cash and in kind available to Major Port Trust and Dock Labour Board officers upto and including the level of chairman, and to suggest changes which may be desirable and feasible on the expiry of the current pay structure, which was valid till 31 December, 2006. The PRC was further directed to reexamine the allowances paid to the said officers in addition to the pay and D.A and to suggest rationalisation and simplification thereof, with a view to promote efficiency, productivity and to achieve a degree of uniformity. It was further desired by the Central Government that while making recommendations on the above points, the PRC would follow the general guidelines relating to pay and allowances formulated by the Department of Public Enterprise for Public Sector Enterprises (PSE) executives who were in industrial D.A pattern and the committee was required to keep in view the economic conditions in the country and resources available at the disposal of the Port Trusts and Dock Labour Boards. The PRC was asked to submit its recommendations within a year to the concerned Ministry for examination, consideration and approval of the Central Government.
(3.) The entry level pay scale of Class I Officers in Major Ports on January 1992 was Rs. 4350-175-7500. The same was revised with effect from January 1, 1997 to Rs. 9100-250-15100. This entry level pay scale for the years 1992 and 1997 was less than the pay scale of entry level class I officers in other public sector undertakings who enjoyed a pay scale of Rs 4800-8475 with effect from January 1, 1992 and Rs 10750-300-16750 with effect from January 1, 1997. The next pay revision was due on January 1, 2007. Prior to introducing a pay revision from January 1, 2007, the PRC was constituted by the Central Government.;