Samapti Chatterjee, J. - (1.) THE petitioner filed the present writ petition assailing the Order dated 23rd July, 2002 issued by Deputy Manager (P.& IR Division) thus rejecting the prayer of the petitioners for granting higher scale of pay than the respondent Nos. 5 and 6 on the basis of the higher post enjoyed by the petitioners.
(2.) THE petitioner No. 1 Sri Pradesh Kumar Ghosh has already retired. Since September, 1990 the petitioners have been working as Inland]Master of Haldia Dock Complex under Marine Operation Division without any break and disturbance. At the time of appointment in the year 1990 pay scale of the petitioners was Rs. 1470 -2800/ - but at the time of filing of the writ petition the pay scale of the petitioners was Rs. 8055 -8300. One Dulal Chandra Mullick who was an L.C Driver, Lower Grade post than the post of Inland Master (as enjoyed by the petitioners) was appointed in the month of August 1992 as a Second Class Driver at the scale of Rs. 1220 -2160/ - after newspaper advertisement dated 18th March 1992. The petitioners were surprised that the respondent No. 2 made a gross discrimination in increment of salary of the petitioners in comparison to Sri Dulal Chandra Mullick, the respondent No. 5, who has been admittedly enjoying Lower Grade than the petitioners of the same Marine Operation Division. The chart below shows as to the difference the respondent authority made in gross discrimination in increment of salaries of the petitioners as well as the said D.C. Mullick: - It is further submitted that one Ashok Kumar Das, respondent No. 6 joined in the year 1992 as LC Driver at the pay scale of Rs. 1220 but subsequently his scale of pay was abruptly increased than that of Sri D.C. Mullick, respondent No. 5 without showing any reason.
(3.) IT is also submitted that petitioners are all Inland Masters. They have been working at the higher post than respondent No. 5 Sri D.C. Mullick who was a Second Class Driver and at present working as LC Driver but in spite of the fact that the said D.C. Mullick was junior to the petitioners in rank he has been allowed to enjoy higher pay scale than the petitioners for reason best known to the respondent which is illegal, arbitrary, unwarranted and very much discriminatory at the same time. Therefore, the petitioners made repeated representations before the authorities for fixing the petitioners pay scale at par with the respondent Nos. 5 and 6 after removing anomalies but all in vain.;