STATE OF WEST BENGAL Vs. HARI NARAYAN BHOWAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed on behalf of the State of West Bengal, against an order passed by the High Court, directing the State Government, to give the same pay scale and other benefits, which are payable to the Constables of the West Bengal Police Force, to the writ petitioners-respondents (hereinafter referred to as the respondents, who are the members of the West Bengal National Volunteer Force.

(3.) The respondents were employed as Agragamies otherwise called Volunteers attached to Biswakarama Battalion. According to respondents, as they have been appointed in accordance with the provisions of the West Bengal National Volunteer Force Act, 1949 (hereinafter referred to as the Act) and as they have been performing the duties of the Constables while maintaining law and order, they should be treated at par with the Police Constables of the West Bengal; they are entitled to the same scale of pay and other benefits which are payable to such Constables. It was pointed out on their behalf, that the revised scale of pay introduced by the Government, for the National Volunteers, were highly discriminatory in nature and different from the members of the West Bengal Police Force although the respondents not only perform the duties of the Constables while maintaining law and order, but perform even the duties of brick laying, carpentry, painting, plastering, flooring, pumping and electrical wiring. They have to construct roads and highways as well, apart from guarding the vital installations.