MOUSHUMI BHATTACHARYA,J. - (1.) The first petitioner is an association registered under The West Bengal Societies Registration Act, 1961 and was constituted to address the grievance of its members who are the Post-Graduate teachers in different Government aided and Government sponsored schools in West Bengal. The grievance of the petitioners (the petitioner no.2 being the Secretary of the first petitioner) is the disparity in the pay scale of Post-Graduate teachers in Government aided and Government sponsored schools in the State and the pay scales framed by the Government of India and other States in respect of trained graduate teachers. The prayer of the petitioners is for rectification of the pay scale of the members of the first petitioner on a level commensurate with the pay scales framed by the Government of India for trained graduate teachers.
(2.) The immediate relief sought is for a direction on the respondent no.10 being the Member Secretary, Sixth Pay Commission, Government of West Bengal to consider a representation of the first petitioner dated 29th January, 2019 for parity in the pay scales of the members of the petitioner no.1 and those who come under the pay scales framed by the Government of India.
(3.) Having regard to the immediate and only relief sought for by the petitioners as stated above, the point of adjudication before this court is whether a claim for "equal pay for equal work" can entitle a petitioner to seek a Mandamus in the form of a direction on the concerned respondent for considering the grievance of the petitioner. The point for adjudication, as formulated, arises out of a preliminary objection taken by the State whose representing counsel disputes the entitlement of the petitioner in seeking such a direction in the absence of a fundamental right or its breach. It should be clarified that the prayer of the petitioners follows from an order passed by a learned Single Judge of this court on 28th November, 2018, the relevant part of which is set out below; "Mr. Pratik Dhar, learned senior counsel appearing on behalf of the petitioners submits that they have submitted a representation for pay parity to the Principal Secretary, Finance Department, Government of West Bengal and other Departmental authorities. Mr. Joyotosh Majumder, learned Government Pleader appearing on behalf of the State submits that the representation so made by the petitioners has to be considered by the 6th Pay Commission and not by the Finance Department. He submits that the Department of School Education and the Department of Finance shall obviously assist the Pay Commission in clearing all the doubts and anomalies that have been raised by the petitioners in their representation. However, I note that the 6th Pay Commission has not been made a party. Accordingly, the writ petitioners are directed to add the Member Secretary, 6th Pay Commission as a party in course of this day and serve a copy of the writ petition on him. In view of the submission made on behalf of both the parties, I direct the Principal Secretary, 6th Pay Commission to consider the representation being Annexure 'P/11' of the writ petition in accordance with law. The Pay Commission shall, of course, be at liberty to take all the assistance that is required from the Department of Finance and the Department of School Education so that the representation made by the petitioners are properly addressed and considered by the Pay Commission.";