- (1.) The petitioners are aggrieved by the order passed by the West Bengal Administrative Tribunal in O.A. no. 1598 of 2004 on 4th March, 2010.
(2.) The facts in brief in the present petition are as follows: The petitioners were directly recruited as Compositors after following the due process of recruitment. Compositors were recruited either by direct recruitment or promotion from the feeder post of Distributors. There were two scales of pay for Distributors one applicable for Basic Grade Distributors and the other for Grade-I Distributors. After the introduction of West Bengal Service (Revision of Pay and Allowances) Rules, 1981 (ROPA 1981) the scale of pay for Compositors was raised from Rs. 230 - 425 to Rs. 300 - 685, the scale of pay for Distributors changed from Rs. 180 - 350 to Rs. 260 - 537. A Government order was issued increasing the pay scale of Distributors who were qualified up to the Matriculation level to Rs. 300 - 685. As a result, the Distributors who had qualified up to the Matriculation level were entitled to the same pay scale as the Compositors after ROPA 1981. Grade-I Distributors were entitled to a pay scale of Rs. 340 - 750 from 1st April, 1981 causing various anomalies. The scale of feeder post became higher than that of the promotional post. Grade-I Distributors who were subsequently promoted to the post of Compositor continued to receive the higher scale of pay than the other Compositors. Senior incumbents to the post of Compositors who had been promoted from the post of Distributors earlier were drawing a lower pay scale than their juniors. Similarly, the directly recruited Compositors were drawing pay in a lower pay scale than that of the Distributors.
(3.) Considering the anomalies in the pay scale applicable to the Compositors, the Government issued a Memo on 4th July, 1986 whereby it was decided that Compositors who were promoted from the post of Distributors who were junior to the existing Grade-I Distributors should be permitted the benefit of the pay scale of Rs. 340 - 750 on a personal basis, subject to the thorough examination of each individual case. It was also decided that the post of Distributor would not be the feeder post for the post of Compositor in future. Thereafter both the promotees as well as the directly recruited Compositors who were recruited prior to 4th July, 1986 were extended the pay scale of Rs. 340 - 750 with effect from 1st April, 1981. The pay scale of Grade-I Distributors was enhanced to Rs. 360 - 815. Consequently the pay scale of the Compositors, i.e., both the promotees as well as direct recruits, was enhanced to the same level.;