The Government cannot act arbitrarily or capriciously or in an unprincipled manner, it has to be exercised for the public good. Every activity of the Government has a public element in it and it must, therefore, be informed with reason and guided by public interest.

This application under Article 226 of the Constitution of India is directed against the refusal of the State of West Bengal to sanction the revised scale of pay of Rs. 1100-1900/- to the Inspectors of Factories who are the members of West Bengal Factories Service Association. The case of the petitioners is set out hereinbelow.

2. Under the Labour Department there are two Directorates-Directorate of Factories and Directorate of Boiler. The Inspectors under those two Directorates and Inspector under the Directorate of Electricity (Power Wing) under the Power Department had various types of jobs in their respective field of work as specified under the relevant Acts. Initially the pay-scale of the Inspector of Factories was Rs. 400-900/- and that of the Inspector of Boilers Rs. 350-750/-. But ultimately in 1970 under the West Bengal Services (Revision of Pay and Allowances) Rules, 1970, the pay-scale of Inspector of Factories, Inspector of Boilers and Inspector of Electricity became the same, that is to say Rs. 475-1150/-. The Second Pay Commission recommended same pay scale for Inspector of Factories, Electrical Inspectors and Inspector of Boilers. But the said recommendation was accepted by the Government in respect of the officers of the Directorate of Boilers and officers of the Directorate of Electricity (Power Wing) excepting in respect of the Inspector of Factories. The petitioners have claimed that the action of the respondents in not accepting the same pay scale' for the inspector of Factories violates Articles 14 and 16 of the Constitution of India as according to the petitioners they are entitled to equal pay for equal work. It is also alleged that there has been arbitrariness in the action of the respondents in not accepting the recommendation of the Second Pay Commission in so far as the Inspectors of Factories are concerned. The petitioners grievance in substance is that Government acted aroitrarily in not accepting the recommendation of the Pay Commission which put the Inspector of Boilers and the petitioners at par.

3. The case of the respondents is that the relevant consideration in respect of persons holding the posts of Inspector of Boilers and those holding the posts of Inspectors of Factories are quite different. The requisite qualifications for appointment, the pre-revised scales of pay, the nature of work done, and types of duties are different in the case of Inspectors of Boilers and Inspectors of Factories. Inspectors of Boilers and Inspectors of Factories perform dissimilar functions and the powers duties and the responsibility of the posts held by them vary. Taking into consideration of all the terms, conditions, duties, responsibilities, and functions of services the scale of Rs. 1100-1900/- was given to the Inspector of Boilers and to the Electrical Inspectors. The hazards of work, minimum qualifications and experience required, functions and responsibility of duties and other factors were taken into consideration in allowing them the said scale. On consideration of the said factors, the Government considered it proper to give the scale of Rs. 660-1600/- to the Inspector of Factories and to Assistant Engineers whose pay-scale in the pre-revised scale was Rs. 475-1150/-.

4. The respective contentions have to be considered in the light of historical events.

5. The Inspectors of Boilers work under the Directorate of Boilers under the Lahour Department. Inspectors of Boilers should possess a degree in mechanical Engineering or equivalent, and two years experience as a practical Engineer on the design, construction, repair, fabrication and maintenance of working of steam engine and boilers.

6. Inspectors of Factories are required to possess degree in Mechanical, Civil Electrical Engineering or equivalent qualification. Mechanical Engineers are preferred; and adequate enquiring experience in a workshop or manufacturing concern of repute.

7. The Inspectors under these Directorates as also the Inspectors