R.Pal J. - (1.) The 34 petitioners are wireless cleaners under the Calcutta Police Department. According to them they perform, in essence, the identical duties as police constables. However, they get a lower scale than the police constables. They submitted a representation before the Commissioner of Police for being treated on par with police constables. Their representation was recommended by the then Commissioner of Police to the Government of West Bengal by Memo No. 1202/SPC dated 31st March, 1987. In the recommendation, the then Commissioner delineated the duties of wireless cleaners and said that they were strenuous. It was also noted that there was no scope for promotion of wireless cleaners. The then Commissioner of Police, apart from recommending parity of pay with constables, also recommended certain subsidiary matters including re-designation of wireless cleaners as wireless helpers.
(2.) The State of West Bengal re-designated the petitioners as wireless helpers on the basis of the recommendation but did not implement the recommendation as far as parity of pay was concerned.
(3.) The petitioners moved an application under Article 226 of the Constitution being C.O. No. 14705 (W) of 1991. The writ application was disposed of on 24th November, 1993. The learned Judge said that : "Having regard to the recommendation of the Police Commissioner him-self and the points taken in the writ petition it appears to me that the petitioners have a good case in claiming parity in pay scale with the Constables of Calcutta Police. However, since the Government is the proper authority at the first instance to consider the matter, I hereby direct that the Government of West Bengal including the respondent No. 1 and the respondent No. 4 will consider the claim of the petitioners for upgradation of their pay scale to the level of the scale enjoyed by the Constables of Calcutta Police and dispose of the matter after giving an opportunity of hearing to the petitioners or their representative by passing a speaking and reasoned order bearing in mind the principles of fixation of pay scale as enunciated in the Supreme Court decision in Delhi Veterinary Association v. Union of India reported in AIR 1984 Supreme Court at page 1221 and also keeping in view the specific recommendation of the Commissioner of Police, Calcutta which is annexure-B to the writ application, as earlier mentioned. The decision in the matter will be taken by the Government within four months from the date of communication of this order.";