Ashok Kumar Mathur, J. - (1.) - This is an appeal directed against the Order passed by a learned Single Judge of this Court whereby the learned Judge has directed the State Government to fix up the Gram Sevaks and Gram Sevikas in the Scale No.8 in the Revision of Pay and Allowances Rules, 1981 (hereinafter referred to as ROPA Rules 1981) i.e. Rs. 360-815/- with the benefit of two increments in the said Scale with effect from 1st April, 1981. It was also directed that the petitioners will not be entitled to any arrear after fixation of their basic pay under Revision of Pay and Allowances Rules, 1981 in Scale No.8 with two increments. It was also directed that they will be entitled to all other benefits upon fixation of the basic pay in the Scale No.8.
(2.) Brief facts which are necessary for disposal of this appeal are: that the writ petitioners are Gram Sevaks and Gram Sevikas (known as Village Level Workers) attached to the Rural Development Department, Govt. of West Bengal and through their Trade Union filed this writ petition seeking a Writ of Mandamus against the State of West Bengal declaring that the Rules of 1981 so far as it fixes the revised scale of the petitioners at Rs.300-685/- at par with that of the Correspondence Clerk/Clerk/Lower Division Assistant being ultra vires of Articles 14 and 16 of the Constitution and also it was prayed that the petitioners should be given the revised pay scale with effect from 1-4-1981 higher than Rs.300-685/- The case of the petitioners was that the recruitment to the post is made out of the person who has a School Final Certificate and successfully completed two years integrated course at the Training Centre for such purpose by the State of West Bengal. After selection at the written test and interview the candidates for the post were admitted at the Training Centre. During the training they got allowances and after successful training they got the job looking to the availability of the post. The job of the incumbents is to implement and execute Rural Scheme of the State Government at village level by undertaking field works. It is alleged that there is no fixed time for them and they are to attend to their job round the clock and it is a hazardous job. Therefore their grievances was that their posts have been wrongly treated at par with the Clerks and Correspondence Clerks of the different departments of the State of West Bengal. It is alleged that the minimum qualification for the post of the Clerks is the School final Certificate, after their Selection Test and interview candidates are directly absorbed on the post. It is alleged that Clerks have mostly Desk Job as against the petitioners whose job is mostly touring in the rural areas. It is alleged that prior to the Revision of Pay and Allowances Rules, 1961 the pay scale of the incumbents was higher than the Clerks. But from 1st April, 1961 the pay scale of the writ petitioners and that of the Clerks were made equal though it is alleged that the Pay Commission recommended higher pay scale for Gram Sevaks and Gram Sevikas. Again in ROPA Rules, 1970 the Clerks and Gram Sevikas were given the same pay scales i.e. Rs. 230- 425/-. However Second Pay Commission recommended the Scale No.5 (Rs.280- 595/-) for the Clerks of the common category and for the (Gram Sevaks and Gram Sevikas) writ petitioners Scale No.6 (Rs.300-685/-) was recommended. However under the Revision of Pay and Allowances Rules, 1981 which became effective from 1st April, 1981, Gram Sevaks and Gram Sevikas who were in the Scale of Rs.230-425/- under ROPA Rules 1971 were conferred revised pay scale of Rs. 300-685/- (Pay Scale No.6 under ROPA Rules, 1981) according to the writ petitioners Clerks who were recommended Scale No.5 by Pay Commission were given pay Scale No. 6 by Govt. and they were brought in par with them, which is contrary to recommendation of Pay Commission. During the pendency of this Writ Petition Third Pay Commission was set up and the said Commission submitted their report on 13-2-1989 and in that it was observed that though the Pay Scale of Gram Sevaks and Gram Sevikas is in the scale of Rs. 300-685/- looking to the fact that they are involved at the grass root level of developmental work they deserve a higher pay scale and the recommendation was made that they should be given the Scale No.7 which is corresponding to the existing scale of pay of Rs.1140-2160/-, but this recommendation was not accepted by the Government and when the ROPA Rules 1990 was framed the Gram Sevikas and Grain Sevaks were given the pay scale of Rs. 1040-1920/- instead of equivalent to Pay Scale No. 1140-2160/-. In this light the grievance of the writ petitioners is that the petitioners should be given a higher pay scale than that of the Clerks looking to their nature of duties which is more arduous than that of Clerks. Learned single Judge after examining the matter in detail allowed the writ petition and directed that a higher pay scale for the petitioners i.e. Scale No.8 of the ROPA Rules of 1981 i.e. Rs.360-850/- be given with two increments with effect from 1st April, 1981 and further directed that the petitioners' basic pay shall be refixed in corresponding scale under ROPA Rules 1990 and they should also be given the benefit of arrears as has been made applicable to other employees of the State. This order was directed to be implemented within three months from the date of communication of the judgement and order. Aggrieved against this order dated 17.6.1994 the present appeal has been preferred by the State.
(3.) This Court by order dated November 20, 1995 disposed of the application filed by the appellants for addition of parties and directed amendment of the cause title. The same is being taken on record.;