DIRECTOR INDIAN INSTITUTE OF MANAGEMENT Vs. BASUDEB PATRA
LAWS(CAL)-1996-3-42
HIGH COURT OF CALCUTTA
Decided on March 03,1996

DIRECTOR, INDIAN INSTITUTE OF MANAGEMENT Appellant
VERSUS
BASUDEB PATRA Respondents




JUDGEMENT

Satyabrata Sinha, J. - (1.)This appeal is directed against a judgment and order dated January 8, 1992 passed by Paritosh Mukherjce, J., whereby and where under the said learned Court, allowed the writ application filed by the writ-petitioner-respondent. The fact of the matter lies in a very narrow compass.
(2.)The petitioners are members of the security staff of Indian Institute of Management. Admittedly, on or about August 21, 1990, the Board of Directors of Indian Institute of Management adopted a resolution which reads thus :
"The Board agreed in principle to the proposed revision in the pay scales of the security guards in IIT Delhi/Kharagpur, particularly in the context of the need to improve security, subject to Government approval being obtained before the revised scales are implemented."

(3.)The petitioners' contention before the learned Trial Judge appears to be that despite the fact that the said resolution was taken on August 21, 1990, no steps therefor have been taken by the respondents. Before the learned Trial Judge an affidavit-in-opposition had been filed by the management, but at the time of hearing of the said writ application, it is apparent, that the appellant was not represented. The learned Trial Judge without assigning any reason whatsoever disposed of the writ application directing the respondent to implement the aforementioned resolution within a period of one month from the date of communication thereof and further directed that the respondents and each one of them including the management to see that appropriate pay scale to the writ petitioners in the instant joint writ petition be given, as the Security Guards and Head Security Guards of I.I.T. Kharagpur and Delhi, used to draw, in terms of the said resolution dated August 21, 1990. Such scale of pay should be given from the date of Resolution dated August 21, 1990 and in accordance with law.
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