JUDGMENT

Banerjee, J.-Leave granted.

2. The issue pertaining to fixation of pay scale, though irksome continues to be placed before this Court from time to time and this matter is no exception. Significantly, however, one ought to note at this stage only that the matter in issue has already travelled to this Court once before but the issue still persists - surprisingly though but this has turned out to be the trend of litigation in this country.

3. The fact situation of the matter in issue involve the Physical Instructors and Graduate Laboratory Instructors in the employment of different non-governmental colleges in the State of West Bengal: The principal issue for adjudication presently however is whether the scale of pay given to the petitioners is in accordance with the writ of Mandamus as issued by the learned single Judge of the Calcutta High Court and as confirmed by the Appellate Bench of the High Court and stands accepted by this Court in terms of this Court s judgment and order dated 26th July, 1994.

4. Before adverting to the issue as noticed above and the rival contentions as raised therefor, a brief factual backdrop would be convenient at this stage.

5. The appellants are Sc