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2005 Supreme(Cal) 49

DILIP KUMAR SETH, RAJENDRA NATH SINHA
WEST BENGAL MINIMUM WAGES INSPECTORS ASSOCIATION – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ANINDRA MITRA, ANIRBAN KAR, INDRANI MITRA, KALYAN BANDOPADHYAY, KOHINOOR ROY, P.SINHA, S.BISWAS, SAKTINATH MUKHERJI

D. K. SETH, J.

( 1 ) THE background : this appeal is founded on the principle of Article 39 (d) of the Constitution of India, namely, equal pay for equal work. The grievances of the petitioners are that though had been on the same scale of Rs. 300-600/- (prior to the ROPA rules, 1981) were recommended in scale of Rs. 380-910/- under the ROPA Rules, 1981 along with the Inspector, Co-operative Societies, Extension Officer, panchayat; Inspector, Statistics (NES Directorate); Research Assistant, Dairy service; Sanitary Inspector, Grade-I, in implementing ROPA Rules, 1981, the inspector, Minimum Wages (Agriculture) was retained in scale of rs. 380 - 910/- (Scale 9), whereas the rest were given scale of Rs. 425 - 1050/- (Scale 10 ). Though discharging similar responsibility or in some cases more responsibilities, yet their claim for upgradation to Scale 10 from Scale 9 at par with the other similarly situated inspectors were turned down. The Third Pay Commission simply recommended the corresponding scale of ROPA, 1986. The Review committee recommended Scale 10 for the same service with effect from 1st of january, 1986. But the State Government did not accept the same. The Fourth pay Com















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