Satya Brata Sinha, J. - (1.) The petitioners, who are employees of the West Bengal Family and Child Welfare Project, have filed this writ application inter alia, praying for the following reliefs : "(a) A writ in the nature of Mandamus directing the respondents to treat all the employees under the 34 Family and Child Welfare Projects in West Bengal as Government employees and to make payment of:- (i) arrears of pay and allowances under the ROPA Rules since 1-1-1988 to 31-3-1991; (ii) Medical allowances @ Rs. 30/- per month as per ROPA Rules, 1990; (iii) benefit of carriers Advance Scheme 1990 as per G.O.No. 6075-F dated 31-6-1990; (b) A writ in the nature of Mandamus directing the 4th Pay Committee to consider the pay structure and other particulars of service of the petitioners along with the Government employees so that the Committee may give appropriate suggestions for the employees of the West Bengal Social Welfare Advisory Board as well as the employees of the West Bengal Family and Child Welfare Project in the report; (c) A declaration that the employees under the 34 Family and Child Welfare Project in West Bengal are regular salaried establishments under the State Government as well as are all Government employees and entitled to get such salaries and benefits which admissible to the same functionaries of the Government employees;"
(2.) The fact that the petitioners are employees of the State Government is not in dispute. It is also not in dispute that although earlier the projects were being looked after by the Central Government Advisory Board, the same, at the instance of the Central Government, has been taken over by the State Government. The petitioners are employees of the State Government. In fact, from the Guide Book on Family and Child Welfare, it appears that under the head Conditions of Service, it has been provided : "Scales of pay- (i) The scale of pay of the various functionaries in a Family and Child Welfare Project should be the same as admissible to the similar functionaries under the State Government; (ii) The pay drawn by the workers already working in Welfare Extension Projects and Demonstration Projects for Child Welfare will be protected as per rules; and (iii) All personnel appointed by the State Board will be transferable within the State."
(3.) It is the specific case of the petitioners that when the scale of the employees of the State Government had been revised as per the 2nd Commission, which was accepted; in terms whereof ROPA Rules 1981 was framed, the petitioners had been given the benefit thereof, but the petitioners had not been given the benefit of ROPA Rules 1990, and other benefits including the career advancement scheme and medical allowances etc. In paragraph 13 of the writ application, the petitioners have clearly stated : "So far as employees of the West Bengal Family and Child Welfare Projects at the 34 Project Offices are concerned, their salaries are paid out of 100% financial grant received from the State Government.";