STATE OF WEST BENGAL Vs. WEST BENGAL STATE AUDIO VISUAL TECHNICIANS ASSOCIATION
LAWS(CAL)-1998-3-13
HIGH COURT OF CALCUTTA
Decided on March 24,1998

STATE OF WEST BENGAL Appellant
VERSUS
WEST BENGAL STATE AUDIO VISUAL TECHNICIANS ASSOCIATION Respondents

JUDGEMENT

S.B.Sinha, J. - (1.) - This appeal is directed against a judgment and order dated 28.4.94 passed by a learned single Judge of this court in C.O. No. 10522 (W) of 1991, whereby and whereunder the said learned Judge directed as follows:- "In the circumstances, the respondents are hereby directed to give the petitioners cinema operators and others of the same category the aforesaid pay scale of Rs. 360-815 instead of their existing pay scale of Rs. 280- 617 and also to give the Assistant Operators and others belonging to the same category the immediately lower pay scale of Rs. 340-750. The respondents are directed to issue necessary administrative orders in that respect within a month from the date of communication of this order and thereafter the petitioners will be given fixation of pay including the subsequent fixation according to rules under the ROPA Rules, 1990. The petitioners shall be paid all arrears within 6 months from the date of communication of this order."
(2.) The fact of the matter is in a narrow compass.
(3.) The petitioners filled a writ application before this court claiming salary on a pay scale of Rs. 425-1050. In support of their aforesaid claim the petitioners had placed before this court the nature of functions performing by them and importance of the said functions. They have also placed the pay scale of different categories of employees. The question as regards fixation of scale of pay came up for consideration before the Third Pay Commission and their scale of pay was fixed at Rs. 280-670. While disposing the writ appllication, a learned Judge of this court in his Order dated 29th July, 1988, inter alia held :- "It has not been disputed by the respondents that the case of the petitioners was not considered according to the degree of skill, strain of work experience involved, training required, responsibility undertaken. Accordingly, I hold that the pay scale of the petitioners had not been fixed properly after taking into consideration the relevant facts as laid down by the Supreme Court in the aforesaid Judgment. In that view of the matter, I direct the respondents to deal with and dispose of revision of pay scale and conferring them the pay scale of Rs. 425-15-470-20-670-25-820-30-910-35-1050 which is annexure I to the petition, keeping in view the factors which were required to be taken into consideration as laid down by the Supreme Court in the case of Delhi Veterinary Association v. Union of India and Ors. within three months from today. The Rule is disposed of accordingly. There will be no order as to costs. If the certified copy of the above order is applied for, the same should be given forthwith to the parties.";


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