JUDGMENT

Kuldip Singh, J.-Monirujjaman Mullick and other private respondents, in the appeal herein, were working as Instructors in various non-formal education centres in different districts in the State of West Bengal. They approached the High Court by way of a petition under Article 226 of the Constitution of India seeking a direction-bases on the principle of "equal pay for equal work"-that they were entitled to the same scales of pay and allowances as were admissible and being paid to the primary school teachers. A learned single Judge of the High Court allowed the writ petition. Appeal filed by the State of West Bengal was disposed of with the following directions :

"The writ petitioners who are not in regular employment elsewhere and who have the minimum qualification prescribed for the primary school teachers are entitled to the same scale of pay and allowances as admissible to the primary school teachers from the date of their initial appointment and further that they are also entitled to annual increments in the pay-scale in accordance with law; but their claim for absorption in the department as regular primary school teachers cannot be sustained and therefore stands rej