- (1.) THIS application in the concerned appeal is at the instance of the appellants viz. the State of West Bengal and their authorities, and is for stay of operation of the judgment and order dated 28th November, 1986 as made and passed in C.O.No.3905 (W) of 1986, by a learned single Judge of this Court.
(2.) THE writ petitioners/respondents (hereinafter referred to as the said Respondents) claimed to be the Supervisors in the whole -time employment of the Adult Education Project and it was their grievance in the proceedings that although all other members of the staff of the said Project have been given a time -bound scale of pay, such scale of pay has been refused to them and in that matter, they have been treated unequally by the authorities concerned. It was also claimed by the said Respondents that as such Supervisors, they, as attached to the Rural Functional Literacy Project under the concerned Directorate of Adult Education in the State, were and arc entitled to have their pay, emoluments and scales fixed in the time -bound scale of pay and as such, they could not be given only a consolidated pay of Rs.500/ -per month and they would also be entitled to all the benefits like the other regular whole -time employees of the State Governments. It was contended by the said Respondents, not only before the learned Trial Judge but also before us, that the appellants have practically arbitrarily discriminated them in the matter of payments, by paying them, even though they are attached to the Rural Literacy Project under the West Bengal Government, the consolidated sum of Rs.500/ - as mentioned above, while the other employees doing the identical nature of work and they arc attached to Farmers' Functional Literacy Project and Non -formal Adult Education Project, have been given the time -bound scale of pay. As such, the said Respondents have further contended all throughout that the entire action and the steps taken by the appellants herein, were, and are violative of equality and equal protection in the matter of public appointment under the provisions of the Constitution of India. There is hardly any dispute that the duties and responsibilities of the Project Officers attached to Farmers' Functional Literacy Project and those of the Non -formal Adult Education Programme, are really akin to those of the said Respondents as attached to the Rural Functional Literacy Project and the contentions of the said Respondents are correct, then the concerned arbitrary action or acts of the appellants herein, cannot be allowed to be continued.
(3.) THERE is also no doubt that under the National Adult Education Programme, necessary sanction was given for setting up an establishment of Rural Functional Literacy Project, in terms of a pattern approved by the Government of India in 14 Districts of this State, with 100% Central assistance and by an order of the Governor, the Joint Secretary to the Government of West Bengal, Education Department, on 8th January 1980, was directed to inform all concerned that the Governor was pleased to accord the administrative approval of the opening of one Rural Functional Literacy Project in all the districts of the State except in Calcutta at the specified rate per project and that too, in terms of the pattern as approved by the Government of India, by their notification dated 7th September, 1979 and really in terms thereof, such Project was to have 300 Adult Education Centres in the two contiguous Development Blocks. It would also appear that in terms of the sanction of the pattern as granted, seven categories of posts were created, of which first six categories have been provided with the time -bound scale of pay, whereas the said Respondents, who are Supervisors and in the 7th Category, have only been appointed at a monthly consolidated salary of Rs.500/ -.;