Judgment

B.P. JEEVAN REDDY, J.

(1) HEARD the counsel for the parties. Leave granted.

(2) THE appeal is directed against the judgment of the division bench of Calcutta High court affirming the judgment of the learned Single Judge declaring that Agragamies in West Bengal Civil Emergency Force are entitled to be placed in the scale of Rs. 280-617 on par with the Firemen in the West Bengal Fire Service. Agragamies were in the scale of Rs. 230- 414. The said pay scales have since been revised to Rs. 980-1756 and Rs. 830-1357 respectively. The relief has been granted applying the doctrine of equal pay for equal work.

(3) THE recruitment and conditions of service of the West Bengal Civil Emergency Force (W.B.C.E.F.) are governed by West Bengal Subordinate Services and Subordinate Other Services (Recruitment of Employees of the West Bengal Civil Emergency Force) Rules, 1975. It consists of several categories including Agragamies. The posts of Agragamies are to be filled by direct recruitment, preference being given to trained West Bengal National Volunteers Force Personnel or ex-service personnel. The educational qualification prescribed is up to Class VI standard. Certain physical standards are also prescribed besides the age requirement. According to the supplementary affidavit filed on behalf of the government of West Bengal in this court, there are no prescribed duties and responsibilities for Agragamies. They are meant as primary units of the Civil Emergency Force of the State government. Their services are generally requisitioned for assisting the various State Agencies in emergency situations. Their assistance is taken by police personnel in maintenance of law and order and at the time of elections. Other authorities too take their assistance in the case of natural calamities like flood and storms. They are also indented upon by fire-fighting personnel in case of major fire and other natural calamities. Under normal conditions, Agragamies are confined to their respective camps and asked to perform the duties of sentries. According to the letter dated 22/03/1984 written by the Commandant, W.B.C.E.F., Howrah to the Deputy secretary to the government of West Bengal and Ex-Officio Joint Director of Civil Defence, the duties performed by the Agragamies are manifold. Their assistance is taken even during the international tournaments, visits of VIPs .and foreign dignitaries, in loading and unloading of essential commodities during emergency, garbage clearance, pump operation during flood and drought, fire-fighting, first-aid duty, inoculation and vaccination and so on and so forth. In March 1984, their total strength is stated to be 558.

(4) THE above material establishes that this force does not have any prescribed duties and that they are employed as auxiliary cadres by several departments of the government in case of emergency and acute need. For this purpose, it appears, the Agragamies are made to undergo several types of training viz.. West Bengal National Volunteers Force a training, fire-fighting training, special board training, electrical training, wireless training and training in driving the vehicles. As stated above, they were placed in the scale of Rs. 230-414 (since revised to Rs. 830- 1357. It also appears that as and when vacancies in the cadre of firemen and leaders in the West Bengal Fire Service and other categories in other departments arise, Agragamies are absorbed therein subject to their eligibility and suitability.

(5) THE Agragamies, hereinafter referred to as "respondents", filed a writ petition in the Calcutta High court being C.R. No. 15583(W) of 1981 seeking a higher pay scale which writ petition was disposed of on 17/08/1982 by a learned Single Judge. The learned Single Judge directed the respondents (writ petitioners therein) to make a representation to the State government giving the particulars of their training and nature of work. The State government