Amitabha Dutta, J. - (1.) In this writ petition the four petitioners who hold posts of Draftsman in the Calcutta Metropolitan Planning Organisation (hereinafter called CMPO) have challenged the Memo dated 6th July 1979 of the Town & Country Planning Branch of the Development & Planning Department, Government of West Bengal (Annexure 'E' to the Writ Petition) classifying Draftsmen of the CMPO into three categories for the purpose of selection grade posts and promotion and the Government Order dated 2-8-1978 (Annexure 'G' to the Writ Petition) recognising, certificate in Draftsmanship from Indian College of Arts, Draftsmanship, during 1952-56 as equivalent to draftsmanship certificate from the State Council of Engineering & Technical Education, West Bengal benefiting respondents 4 to 8.
(2.) Prior to July 1979 there were three grades of Draftsmen in the CMPO viz. Grade I, Grade II and Grade III. The requisite qualification for appointment to the post of Draftsman, Grade II was certificate in Draftsmanship from a Government recognised institution. The petitioners 1 and 2 were, however, appointed as Draftsmen, Grade II in the scale of Rs. 200-400 on 19-11-1964 although they did not have the requisite qualification on the date of appointment The petitioner 3 who was already a Draftsman, Grade III in the scale of Rs. 150-250 was appointed as Draftsman, Grade II on 28-7-1966 although he too did not have the requisite qualification on that date. The petitioner 4 had been holding a post of Draftsman, Grade III in the scale of Rupees 150-250 since 28-7-66 and prior to the impugned Memorandum. The petitioners 1 to 4 got permanent status on different dates in July 1968 and they were confirmed in their respective posts on 24-2-1971. The petitioners 1 to 3 were shown against serial Nos. 5, 6 and 11 respectively in the gradation list of Draftsmen, Grade II dated 22-11-1969 on the basis of length of service. Similarly the petitioner 4 was shown at the serial No. 3 in the gradation list of Draftsmen, Grade III dated 22-11-1969.
(3.) Although posts of Draftsman, Grade II were created for the CMPO on the analogy of such posts in the office of Government Architect, the Pay Commission subsequently did not recommend such posts for the CMPO and so the West Bengal Services (Revision of Pay & Allowances) Rules, 1970 (hereinafter called Pay Revision Rules 1970) did not include such posts for the CMPO and prescribed scales of Pay for the post of Draftsman, according to qualification. The scale of pay for Draftsman or Planning Draftsman with Overseers qualification Rupees 200-10-400 (unrevised) was revised to Rs. 300-600 with higher initial start at Rs. 320/-. The Finance Department, Government of West Bengal raised objection to the grant of the revised scale to Draftsmen of the CMPO without the LCE Diploma which was the Overseers qualification Ultimately the Government Order dated 9-4-1979 (Annexures 'D' to the writ petition) was made allowing the Draftsmen, Grade II of the CMPO including the petitioners 1 to 3) the scale of Rs. 200-10-400 (unrevised) with effect from the date of their appointment as personal to them.;