IMPORTANT POINT
The principle of "equal pay for equal work" had been wrongly applied in this case by the High Court on the basis of mere designation ignoring the pay scale drawn in the erstwhile Municipality and the duties discharged.

JUDGMENT

G.B. Pattanaik, J.-Leave granted.

2. This appeal is directed against the Judgment of the Calcutta High Court in Letters Patent Appeal arising out of the Judgment of the Single Judge in Writ Petition No. 10421(W) of 1988. The question that arises for consideration is whether the principle of equal pay for equal work has at all got any application to the case in hand following which principle the High Court has directed that respondent No. 1 would be entitled to the pay scale of 660-1600, which is the pay scale of the Education Officer under the Calcutta Municipal Corporation ?

3. The Calcutta Municipal Corporation was constituted under the provisions of Calcutta Municipal Corporation Act, 1980 with effect from 4.1.1984. Prior to the constitution of the aforesaid Corporation, there was in existance the Calcutta Corporation under the Calcutta Municipal Act, 1951 and three other Municipalities called Jadhavpur Municipality, South Suburban Municipality and Garden Reach Municipality which had been constituted under the Bengal Municipal Act. By Notification dated 21st of December, 1983 the Governor in exercise of power conferred upon him by sub-section (2A), read with sub-section (2) of Section 120 of the Bengal Municipal Act, 1932 made arrangement for the employees of the erstwhile Garden Reach Municipality. Admittedly the respondent was serving as Education in-charge on a pay scale of 380-910. In the Notification dated 21st of December, 1983, it was clearly stated that for continuing civic services employees of the Commissioner of the Garden Reach Municipality shall, on and from the said date, be taken over by the Corporation and shall continue to serve, on the same terms and conditions of service as in force in the said municipality immediately before the said date, under the Corporation until further orders. In other words, the service conditions of employees of Garden Reach Municipality including that of the respondent remained unaltered under the Calcutta Municipal Corporation. Notwithstanding the constitution of the Calcutta Municipal Corporation and the merger of all the four municipalities referred to earlier, in view of the disparity in the staffing pattern and the distinction in the functioning of the erstwhile municipalities, the merged municipal units of Jadhavpur, South Suburban and Garden Reach continued to be identified as Units under the Corporation until framing of appropriate rules and regulations. Under the Calcutta Municipal Corporation there were 4 categories of Education Officers namely (1) Asst. Education Officer in the pay scale of 610 - 1270, (2) Deputy Education Officer in the pay scale of 550 - 1470, (3) Education Officer in the pay scale of 660 - 1600 and (4) Senior Education Officer in the pay scale of 1100-1900. Since the respondent as Education Incharge of Garden Reach Municipality was in the pay scale of 380 - 910 which is much less than the pay scale of Asst. Education Officer 610 - 1270, he was given the said pay scale with the designation Education Officer Unit . The said respondent, however, filed the writ petition claiming that he is entitled to the pay scale of 660 - 1600 meant for Education Officer of the Corporation since he is also Education Officer. The said writ petition having been allowed and the appeal against the same to the Division Bench having been dismissed, the present appeal has been preferred.

4. The learned counsel for the appellant apart from bringing it to our notice the Notification of the Governor dated 21st of December, 1983 to which reference has already been made also brought to our notice two circulars namely Circular No. 31 of 1985-86 as well as Circular No. 35 of 1985-86 which squarely deals with the dispute with regard to the fixation of pay scales. Under Circular No. 31 dated 29th June, 1985 it has been clearly indicated that the officers and the employees including the labour staff of the three units viz. Jadhavpur, South Suburban and Garden Reac