IMPORTANT POINT
The court established that contractual employees performing similar duties are entitled to equal pay as per the notifications, reinforcing the principle of 'equal pay for equal work'.

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. The petitioners have prayed for issuance of a writ of mandamus to command the respondents to pay remuneration and other allowances to them from the respective dates of their initial entry upto service in accordance with notifications dated 14.08.2008 and 16.09.2009.

2. Pursuant to an employment notice dated 18.05.2015 issued by the District Judges’ Office, Nadia for recruitment of two Bench Clerks and one Group-D staff in the Court of the learned Additional District & Sessions Judge converted from the Court of Additional District & Sessions Judge, Fast Track Court and the Court of the learned Additional District & Sessions Judge, Fast Track Court, Nadia on contractual basis, a panel was prepared from the selected candidates.

3. The petitioner no. 1 was appointed in the Group-D post on contract/temporary basis in the Court of the learned Additional District & Sessions Judge, Tehatta, Nadia vide Office Order dated 22.09.2015. The petitioner no. 2 was appointed in the post of Group-D category vide Office Order dated 15.07.2014 on contract basis in the Court of the learned Additional District & Sessions Judge, Nabadwip, Nadia. The petitioner no. 3 was appointed as a temporary Group-D employee on contract basis for a period of one year in the Court of the learned Additional District & Sessions Judge, Fast Track Court-2, Krishnanagar.

4. All the petitioners were appointed at a consolidated monthly remuneration of Rs. 8000/-. The petitioners claim that they are similarly situated like other Group-D staff of Courts which have been abolished and they have been discriminated against in the matter of granting pay and other allowances. The petitioners claim that while other similarly situated employees appointed in the year 2013 and 2016 under the District Judge, Nadia and holding similar posts have been borne in the scale of pay with other allowances in terms of the notifications dated 14.08.2008 and 16.09.2009, the petitioners were appointed at a fixed monthly remuneration which is far below the limit which has been stipulated in the said notifications.

5. The petitioners further claim that the nature of work, job responsibilities, volume of work, qualifications and other parameters which are required to be considered for the purpose of “equal pay for equal work” clearly exists in the case the petitioners vis-à-vis the other Group-D staff in the Fast Track Courts of the same Districts and, therefore, the petitioners should be granted pay and allowances equal to that enjoyed by similarly situated employees.

6. Mr. Majumder, learned counsel appearing for the petitioner submits that the Judicial Department, Government of West Bengal issued a notification dated 14.08.2008 specifically stipulating the pay and other allowances for the employees who were appointed on contract basis in the Fast Track Courts in West Bengal. He further submits that the said notification was subsequently modified by another notification dated 16.09.2009. Mr. Majumder submits that the monthly remuneration of Rs. 8,000/- fixed in the appointment letters was dehors the aforesaid notifications and, therefore, the respondents should be directed to release the pay and allowances to the petitioners at the rate mentioned in the notification dated 14.08.2008 which was subsequently modified vide notification dated 16.09.2009.

7. Mr. Majumder further submits that the petitioner no. 3 subsequently joined the regular post of process server (Group C) with effect from 09.09.2020 and, therefore, the claim of the petitioner with regard to pay and allowances as per the aforesaid notifications shall be restricted only upto 08.09.2020. Mr. Majumder placed reliance upon a decision of the Hon'ble Supreme Court in the case of State of Punjab & ors. Vs. Jagjit Singh & ors. reported at (2017) 1 SCC 148 and submitted that the temporary employees possessing the requisite qualification and appointed against the posts which are also available in regular cadre