JUDGMENT

B. Sudershan Reddy, J. —

1. This appeal by special leave is directed against the final judgment and order dated 19th December, 2007 passed by the Division Bench of the High Court of Calcutta in W.P.S.T No. 33 of 2007 whereby and whereunder the High Court dismissed the writ petition preferred by the State of West Bengal, appellant herein and confirmed the judgment and order dated 18th August, 2005 passed by the State Administrative Tribunal, West Bengal.

2. In order to consider the question as to whether the judgment suffers from any infirmities requiring our interference, it may be just and necessary to notice the relevant facts.

3. The controversy involved in the present matter requiring resolution centers around the issue as to whether the Senior Laboratory Assistants in the Roads and Buildings Research Institute and various other divisions under the Public Works (Roads) Department, Government of West Bengal are entitled to the same pay scale at par with the Research Assistants in the same department?

4. On 4th July, 1972 the Government of West Bengal, in exercise of its power conferred by the proviso to Article 309 of the Constitution of India made the Rules for regulat