IMPORTANT POINT
Parity cannot be claimed merely on the basis of previous equal pay.

JUDGMENT

R.V. Raveendran J.—

This question involved in this appeal by special leave is whether the respondents, holding the post of Inspector Agricultural Minimum Wages (for short, ‘Inspector - AMW’), were entitled to parity in pay scale, from April 1981, with those holding the posts of Inspector (Cooperative Societies), Extension Officers (Panchayat) and KGO-JLRO (now Revenue Officers). For convenience the post of Inspector-AMW which is the subject matter of this appeal will be referred as the ‘subject post’. The other three posts with reference to which parity is sought will be referred to as the ‘reference category posts’. For convenience, we give below the pay scales of the four categories of employees :

Sl. Name of Posts 1970 1981 1990 1998 (I Pay (II Pay (III Pay (IV Pay Commission) Commission) Commission) Commission)

1. Inspector 300-600 380-910 1260-2610 4000-8850 Agricultural (9) (9) (9) (9) Minimum Wages

2. Inspector, 300-600 with 425-1050 1390-2970 4500-9700 Co-operative higher initial at (11) (10) (10) Societies 330/-

3. Extension Officer, 300-600 with 425-1050 1390-2970 4500-9700

Panchayat higher initial at (11) (10) (10) 330/-

4. KGO-JLRO 300-600 with 425-1050 1390-2970 4800-10925 higher initial at (Now Revenue (11) (10) (12) 330/- + Special Officer) pay 50/- 5500-11325 (14) w.e.f. 01-01-08

[Note : The figures in brackets below the pay scale refer to the number of the pay scale]

2. The facts in brief are as follows. The respondents 3 to 295 were employed in or around 1975 as ad-hoc Inspectors-AMW, in Pay Scale No.9 (300-600). They were subsequently absorbed into regular service and appointed against permanent vacancies. Though Inspectors (Minimum Wages), Inspector (Trade Unions), Labour Inspectors, Supervisor (Labour Welfare), Investigators, Inspectors (Shops & Establishments) also in Pay Scale No.9 were included in the West Bengal Subordinate Labour Services, Inspectors-AMW were not included in the said Labour Services. The Second Pay Commission recommended the revised Pay Scale No.9 to the Inspectors - AMW subject to the condition that the minimum qualification for recruitment for the said post should be a University degree. On 28.7.1981, the Government framed the West Bengal Services Revision of Pay and Allowances Rules, 1981 (for short ‘RPA Rules 1981’) to implement the second Pay Commission Recommendations (effective from 2.4.1981) under which Inspectors-AMW, were assigned Pay Scale No.9 (380-910). Holders of the post of Inspector (Co-operative Societies), Extension Officer (Panchayats) and KGO-JLRO (Revenue Officers) who were also in Pay Scale No.9 earlier, but with a higher initial pay of Rs.330, were granted the higher Pay Scale No.11 (425-1050).

3. Feeling aggrieved, the respondents filed a writ petition (CR No.247(W) of 1982) for the following reliefs:- (a) a direction to the state government to revise the pay scales according to law, without discriminating them from Inspectors (Co-operative Societies), Extension Officers (Panchayat), KGO-JLRO etc., and grant them Pay Scale No.11 (Rs.425-1050) with special pay and other allowances; and (b) to quash the RPA Rules 1981, insofar as they related to Inspectors-AMW.

4. The respondents contended that three other categories of posts (reference category posts), were in the same scale of Rs.300-600 as was applicable to them (Inspectors-AMW) when the RPA Rules, 1970 were in force; that the said three reference category posts were granted Pay Scale No.11 (Rs.425-1050) under the RPA Rules 1981 whereas they (Inspectors - AMW) were continued in the Pay Scale No.9 (Rs.380-910). It was submitted that as the minimum educational qualification for all four categories of posts were similar and as the pre-revision pay scales of all the four categories of posts were the same, the State could not discriminate by upgrading the pay of the three reference category posts who were earlier in the same Pay Scale, to Pay Scale No.11, while continuing them (Inspectors -AMW) in the lower Pay