JUDGMENT

FATHIMA BEEVI, J.— The West Bengal Services (Revision of Pay and Allowance) Rules, 1970 (hereinafter referred to as 1970 Rules), issued in exercise of the power conferred by the proviso to Article 309 of the Constitution of India, vide Notification No. 5212.F dated December 30,1970 on the basis of the Pay Commission Report specified the revised scales of pay of the government employees in various departments witheffect from April 1, 1970. Schedule I of the 1970 Rules relates to services generally.

2. The Government of West Bengal issued Notification No. 10303.F dated November 19, 1974, amending the 1970 Rules. The notification material for the purpose of these cases is set out below:

"Notification

No. 10303.F, Dated November 19,1974

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 December 30,1970, as amended from time to time, namely:

Amendments

In Schedule I, Part B, to the said rules, the following amendments shall be made:

I. 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 August 1, 1974, the New/Intermediate Selection Grade shall be raised to 15 per cent, from 10 per cent.

IV. (i) Sub-Assistant Engineers having Engineering Degree shall have an initial start in the existing scale of Rs 300-600 at the stage of Rs 360 per month. They will also get the benefit of age relaxation for direct recruitment either through the Public Service Commission or for ad hoc appointments.

(ii) All Test Relief Overseers and other diploma holder Engineers will henceforth be termed as Sub-Assistant Engineers.

(iii) Sub-Assistant Engineers with LEE who have supervisors licence from the Commerce and Industries Department will get a qualification pay of Rs 50 per month.

(iv) Gazetted status is hereby conferred on the members of the Subordinate Engineering Services and all Sub-Assistant Engineers.

V. The existing scale, namely Rs 375-10-415-15-610-20-650 prescribed for the members of the non-gazetted Health Service having MBBS, or MMF qualifications shall be changed to Rs 375-10-415-15-610-20-650 (E.B. after 8th and 18th stages) higher initial start at Rs 450.

VI. All Licentiate Medical Officers in the West Bengal Health Service (Non-Gazetted) who have completed 10 years of service shall be eligible for appointment in the West Bengal Health Service (Gazetted) within the existing cadre strength of the basic grade provided they are found suitable for the basic grade in consultation with the Public Service Commission.

VII. The New or Intermediate Selection Grades sanctioned above shall be admissible after 10 years of service in the grade next below.

VIII. Unless otherwise stated above and in the Schedule, these amendments shall be deemed to have come into effect from First day of March, 1974.

IX. The Notifications Bearing No. 2194.F, 2195.F and 2197, dated March 11,1974, stand cancelled.

X. No prior consultations with the Public Service Commission shall be necessary for making appointments to New/Intermediate Selection Grades sanctioned in this notification."

3. The said notification contained a Schedule. The relevant items dealing with Engineering is provided as follows:

Schedule

Servic/Posts

Existing scale

New/Intermediate Selection Grade

Rs

Rs

1.

Engineering Services/Posts

(i)

Assistant Engineer

475-30-685-35-1000-50-1150, with selection g