TaxTMI 
TaxTMI 
1991 (2) TMI 404
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....se of these cases is set out below: "NOTIFICATION No. 10303.F, Dated the 19th November, 1974. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the following amendment shall be made in the West Bengal Services (Revision of Pay and Allowance) Rules, 1970, Published with Finance Department Notification No. 5212,F, dated the 30th December. 1970, as amended from time to time, namely: AMENDMENTS In Schedule I, Part-B, to the said rules, the following amendments shall be made: 1. In the cadre of Assistant Engineers under different Departments, the Intermediate Selection Grade shall be at 15 per cent of the Cadre in the scale as shown in Column (3) of the Schedule. II. In departments/offices having services/posts as shown in Column (i) in the scale as shown in Column (2) of the Schedule, there shall be no Intermediate or New Selection Grade as the case may be at 10 per cent of the services/posts (except in the cadre of Assistant Engineer) in the scale as shown in Column (3) of the Schedule. III. From 1st August 1974, the New/Intermediate Selection Grade shall be raised to 15 per cent,....
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....i) Executive Engineer 825-50-875- 60-1475. 1535-60-1775. iii) Sub-Assistant Engineer 300-10-430-15-600 with higher initial start at Rs. 330/-. 560-20-700-25- 825(a). The respondents in Civil Appeal No. 1196 of 1986 and the respondents in the other Civil Appeal arising out of S.L.P. (Civil) No. 5298 of 1987 are diploma holder engineers employed in various departments of the Government of West Bengal in the post of Operator-cum-Mechanics/Electricians etc. in the scale of pay of Rs. 230-425. These respondents filed two writ petitions bearing No. C.R.. Nos. 6053 (W) of 1978 and C.R. No.6593(W) of 1978 before the High Court of Calcutta, claiming that by virtue of sub-para (ii) of Para IV of the Notification No. 10303.F dated 19th November, 1974, the writ petitioners who are diploma holders in engineering are to be termed as Sub- Assistant Engineers and given the benefit of that post and the scale of pay of Rs. 300-600. They contended inter alia that the benefit of the aforesaid Notification was given to similarly situated persons in the other deparptments of the Government of West Bengal and the writ petitioners employed in the Agriculture D....
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....t positions became by virtue of the Notification entitled to be termed as Sub-Assistant Engineers irrespective and independent of whether by fortuitous circumstances some of the incumbents who got the benefits of the said Notification are also qualified engineers. Accordingly, it was held that the writ petitioners come within the purview of the Notification for purpose of the the pay-scale and the rule was made absolute. The State Government carried the matter in appeal. The Division Bench of the High Court vide judgment and order dated 19.4.1985, however, affirmed the judgment while holding that sub-para (ii) of Para IV of the Notification dated 19.11.1974 cannot be construed to include the Operator-cum-Mechanics/Electricians who are holders of diploma in engineering and drawing the scale of pay of Rs. 230-425. The appeal was dismissed with the observation that the writ petitioners should have been admitted to the benefit of the scale of pay of Rs. 300-600 with higher initial start long before others holding the same position as the writ petitioners have been granted the benefits and that great injustice had been done to the writ petitioners by keeping them in the panel since 1....
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....r judgment in this appeal and besides, so far as the general law is concerned as applicable to everyone other than the three writ petitioners (who would be entitled to the benefit of decisions in their favours having attained finality), the law will be as laid down by this Court. We therefore overrule the preliminary objection." It appears that this pronouncement was not noticed in Cornelius case (supra) where the facts were also not identical. We have, therefore, no hesitation in overruling the preliminary objection. The appellants, in our opinion, cannot however, succeed on the merits. The basis of the respondents' claim is that they are diploma holder engineers who are to be designated as Sub-Assistant Engineers for the purpose of the revised pay-scale by virtue of the Notification dated 19th November, 1974. The learned single Judge had construed the expression 'other diploma holder engineers' in clause (ii) of Para IV of the said Notification as covering persons like the respondents who are holders of diploma in engineering. The Division Bench in holding a contrary view overlooked the fact that the posts of Overseers, Estimators and Sub- Overseers were already covered und....
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....e and such an anomly would not have been contemplated by the rule makers. There is no force in this contention. It is well-settled that difference in pay of employees belonging to the same cadre post or educational qualification is constitutionally valid and permissible and is not violative of Articles 14 and 16 of the Constitution. The post of Sub-Assistant Engineer is a direct recruitment post. It appears that the Division Bench assumed that the post of Sub-Assistant Engineers were ultimately a promotional post for the Operators-cum-Mechanics through intermediary promotions in intermediary grades. This is incorrect. Under the Rules, the post of Sub-Assistant Engineers is not at all a promotional post for any categories of employees in the State, on the contrary, it is a direct recruitment post. It is not contested that 17 other employees similarly placed as the respondents herein were given the benefits of the said amended Notifications and were conferred both status of Sub-Assistant Engineers and also the pay-scale thereof for the reason that they were also diploma holder engineers though they were not in the pay-scale of Rs. 300-600. This is a concurrent finding that these resp....