The principle of equal pay for equal work cannot be applied to perpetuate illegality; relevant statutory notifications must be adhered to.

JUDGMENT :

Soumen Sen, J.

The appeal is arising out of a judgment and order dated 6th March, 220 in a writ petition preferred by 15 writ petitioners praying, inter alia, for necessary direction upon the respondents (the present appellants) to grant scale of Rs.425-1050 with effect from 1st April, 1981 with all consequential benefits including all allowances and perquisites as are admissible under the Rules together with all arrears with interest calculated at the enhanced rate with effect from 1st April, 1981.

2. Briefly stated, the writ petitioners no.1 to 9 are working as Workshop Instructors in Ram Krishna Mission Silpa Mandir and the writ petitioners no.10 to 15 are attached to Ram Krishna Mission Silpa Pith. They were all appointed as Workshop Instructors. The writ petitioners have claimed benefits on the principle of Equal pay for equal work as extended to the writ petitioners in WP 3222(W) 1998 (Sibu Gopal Sadhukhan & Ors. Vs. State of West Bengal and Ors.).

3. Before 1981 the pay scale of the Workshop Instructors of Government Polytechnic was Rs.230-425 with higher initial start at Rs.250 as per ROPA Rules, 1970 whereas for the Workshop/Mistri Instructors of Government sponsored Polytechnics, the pay scale was Rs.230-425.

ROPA Rules 1981 was published vide a notification no.5691-F on 28th July, 1981. The said rule was made under proviso to Article 309 of the Constitution of India. Under the said Rule the pay scale of Workshop/Mistri Instructors of Government Polytechnics prevailing prior to 1981 was increased from Rs.230-425 to three pay scales according to their qualifications. They are :

(i) Rs.425-1050 (Scale No.11) for Diploma Holders.

(ii) Rs.380-910 (Scale No.9) for Trade Certificate Holders.

(iii) Rs.340-750 (Scale no.7) for others viz., Non-diploma holders and non-certificate holders.

These pay scales were recommended by the then Pay Commission.

4. The appellants on consideration of the recommendations of the pay commission set up on 16th November, 1977 issued memoranda no.392-Edn(B) on July 31, 1981 whereby the pay scale of the Workshop Instructors in State Government Aided Polytechnics was increased from Rs.230-425 to Rs.360-815. This was similar to scale no.8 of ROPA Rules 1981.

5. In 1985 after ROPA Rules 1981 came into force a group of Workshop Instructors filed a writ petition before this Court being CO No.3021(w) of 1985 (Shib Narayan Chakraborty and 21 others vs. The State of West Bengal) praying for higher scale of pay of Rs.425-1050 (scale no.11) on the ground of equal pay for equal work. At the relevant time they were in the pay scale of Rs.340-780 (scale no.7) and Rs.380-910 (scale No.9). The writ petitioners were Workshop Instructors in Government Polytechnics.

6. On 22nd January, 1987, The West Bengal Services (Recruitment to the post of Workshop Instructor/Mistri Instructor Government and Sponsored Polytechnics in West Bengal) Rules, 1986 ( in short, “Workshop Instructors Rules, 1986) was issued vide Notification No.21-Edn.(T.E.T)/10R-3/86, by the Government under the proviso to Article 309 of the Constitution of India. By the 1987 notification in single scale of pay of Rs.380-910 (scale no.9 of ROPA 1981) was prescribed for all Workshop/Mistri Instructors uniformly including the Government and Government aided polytechnics appointed after 22nd July, 1987, the reason being, the educational qualifications prescribed for all posts of Workshop Instructors/Mistri Instructors was the same. However, those Workshop/Mistri Instructors who were appointed prior to 22nd January, 1987, would continue to draw pay scales in accordance with their respective pay scales under ROPA Rules, 1981.

7. On 7th March, 1990 vide memorandum no.33-Edn(B) the Government as per the recommendations of the Pay Commission constituted on 30th January, 1987, revised the pay scale and the revised pay scale was given effect from that date. (“ROPA Rules, 1990”).

8. In the said memorandum, the pay scale of Rs.380-910/-(Scale No.9) was revised as Rs