G.N.Ray, J. - (1.) This appeal is directed against the judgment dated September 24, 1986 passed by the learned trial Judge in Civil Rule No. 5131(W) of 1981. By the said judgment, the learned trial Judge allowed the writ application and issued direction to treat the Process Servers who are the writ petitioners at part with the Seal Bailiffs servings in the City Civil and Sessions Court at Calcutta as well as the Presidency small Causes Court at Calcutta and to give the writ petitioners, the same pay scale, which was being enjoyed by the Seal Bailiffs with effect from April 1, 1981. The learned trial Judge also gave direction to pay arrear dues to the writ petitioners on re-fixation of their pay scales within a period of 60 days of the re-fixation of the pay scales Being aggrieved by the said judgement, the State of West Bengal and the Secretary, Finance Department, Government of West Bengal have preferred the instant appeal,
(2.) The writ petitioners were the West Bengal Process Server Central Association represented by its General Secretary and also some of the Process Servers serving at different stations, in West Bengal. The Writ petitioners contended that the main duty of the process servers is the execution of orders passed by the Civil and Criminal Courts, statutory Tribunals and other Judicial and/or quasi-judicial Institutions. The process servers execute the orders, decrees or warrants issued by different Courts and Tribunals including District Courts and Courts of the Sub-ordinate Judges, Munsifs, Judicial Magistrates and other statutory Tribunals and Revenue Courts. It has been contended that in course of executing the orders of the Revenue officers, the Process Servers are required to realise the revenue of the defaulters and deposit the same is different Nationalised Banks. There is no limitation on the amount for such a realisation in execution of decree. It has been contended that the process Servers discharge a very responsible duty even at the cost of personal safety and security in protecting and securing large amount of money to be deposited at a later date. In course of such execution of decree the Process Servers also act like a Receiving Officer and issue proper and valid receipts on behalf of the Government of West Bengal. In Paragraphs 11 and 11(a) of the writ petition, the duties discharged by the Process Servers have been enumerated. It has been further stated by the writ petitioners that as the Process Servers are entrusted with the job of the realisation of decretal amount or revenue in execution of decrees and certificates issued by the appropriate authorities, the Process Servers are required to furnish a cash security for Rs. 2500/- and a fidelity bond for Rs. 700/- and a guarantee for Rs. 1500/-. The writ petitioners have contended that the duties to be discharged by the Seal Bailiffs attached to the City Civil and Sessions Court at Calcutta and Presidency Small Causes Court, Calcutta are similar to the duties performed by the Process Server's attached in other Courts or Tribunals. The Process Servers and the Seal Bailiffs perform similar onerous duties and there is no difference in the quantitative and qualitative nature of duties being performed by both the said employees of the Government. It has been contended that unfortunately, although Process Servers and the said Seal Bailiffs perform similar duties, they have not been treated similarly in the matter of scales of pay and higher scale of pay has been offered to the Seal Bailiffs. Such discrimination according to the writ petitioners, is without my basis whatsoever and offends Articles 14 and 16 of the Constitution of India. It has been contended in the writ petition that despite representations and demands made by the process Servers Central Association to remove the discrimination in the matter of pay scales and to fix the pay scale of the Process Servers at par with the Seal Bailiffs, the Government of West Bengal failed and neglected to undo the discrimination E meted out to the process Servers.
(3.) The learned trial Judge has inter alia, held that there was no materials to establish that the Process Servers and the Seal Baliffs were not similarly circumstanced and they had not been performing identical nature of duties. Accordingly on the principles of "Equal Pay for Equal Work", which is a well-settled doctrine of law, and a solemn assurance in the Constitution, the Process Servers must get pay scale equal to the pay scale given to the Seal Bailiffs. The learned trial Judge has also held that simply because the Seal Bailiffs submit their returns in English and the Process Servers submit their returns in regional language, there is no difference in the nature of the duties being performed by them. The learned trial Judge has come to the finding that any discrimination in the matter of pay scales given to the Seal Bailiff's and to the Process Servers is totally arbitary and without any basis. In that view of the matter, the learned trial Judge allowed the writ petition and passed the direction as indicated hereinbefore.;