Samapti Chatterjee, J. - (1.) THE petitioner filed the instant writ petition praying inter alia to fix the petitioner's pay scale in Scale No. 12 instead of Scale No. 9 as per ROPA 1998 as the said benefit has been already extended in respect of the other incumbents working under the same organisation namely Central Valuation Board (hereinafter referred to as the said Board), barring the petitioner.
(2.) ON 3rd June, 1996 the petitioner was appointed as Law Assistant of the said Board in Scale No. 9 i.e. Rs. 1260 -2610/ -. Since by virtue of the ROPA 1998 the petitioner's pay scale was not fixed in Scale No. 12, though vide Finance Department's Order dated 15th September, 1995 the Law Assistants of Entry Tax Department were allowed to enjoy the Scale No. 12, not only that vide order dated 12th August, 1988 passed in C.O. No. 9035(W) of 1988 by this Hon'ble Court the Law Assistant attached to the Land Acquisition Collectors office were also allowed to enjoy the Scale No. 12, therefore, the petitioner made a representation on 6th April, 2001 to the Member Secretary of the said Board, ventilating his grievances for upgradation and fixation of his pay scale from Pay Scale No. 9 to Pay Scale No. 12. It was also mentioned there that the 4th Pay Commission after considering the duties and responsibilities of the post of Law Assistant, has recommended that the Pay Scale of Law Assistants should not be less than Pay Scale No. 12. It was also contended that the Government of West Bengal had accepted the report of the 4th Pay Commission and had decided to implement the said recommendation, the same was reflected in the Press Note dated 6th April 2000 which is quoted below: - "The Fourth Pay Commission constructed by the Government of West Bengal submitted Vol.II of its Report on 7.1.2000. In this the Commission furnished its recommendations regarding pay -scales and other benefits of the employees of 52 Statutory Bodies, Corporations, State Government Undertakings covering about 50,000 employees. A list of these organisations is given in Annexure I. The State Government, after considering the recommendations contained therein, has decided to implement the recommendations with certain modifications and the Government Order bearing No. 3402 (75) F dated 6.4.2000 has been issued to that effect. A summary of the Government decisions is given below: - (1) The recommendation of the Pay Commission in regard to scales of pay, Dearness Allowance and House Rent Allowance shall be accepted. (2) As regards medical and other allowances, the incumbents will continue to draw the same amounts as were being drawn in unrevised scales prior to this revision, until further orders. (3) The principle of fixation of pay in the revised scales as recommended by the Pay Commission shall be accepted. (4) Pay will be fixed in the revised scales notionally with effect opts to come over to revised scale of pay. An employee may opt to come over to the revised scale of pay with effect from any date between 1.1.96 and 1.1.97 (both days inclusive). (5) Actual payment on the basis of fixation in the revised scales of pay will, however, be made with effect from 1.4.2000. But the arrears for the period from 1.4.97 to 31.3.2000 will be paid in 5 annual instalments, the first instalment being payable not before 1.11.2002, along with interest to be calculated from 1.4.2000 at the same rate as admissible in respect of the accumulation in the General Provident Fund Account. Regarding the revision of pay -scales and other benefits of about 10,000 employees of the remaining 21 State Government Undertakings, the Government will take an appropriate decision shortly." In the said list of 52 Organisations under Serial No. 51 the Central Valuation Board (CVB) was appearing.
(3.) IT is contended by Mr. Amal Baran Chatterjee, learned Senior Counsel appearing for the petitioner that the West Bengal Central Valuation Board Act, 1978 has been amended by the West Bengal Central Valuation Board (Amendment) Act, 2002, as published in the Calcutta Gazette on 19th August, 2002. By that amendment the word "Central" has been struck down. Therefore, by virtue of the said amendment the West Bengal Central Valuation Board is to be now read as 'West Bengal Valuation Board.';