IMPORTANT POINT
The court established that arbitrary classification between similarly situated employees violates the principle of equality under Article 14 of the Constitution.

JUDGMENT :

Partha Sarathi Chatterjee, J.

1. Questioning the justifiability of the reasoned order dated 11.4.2019 issued by the Additional Chief Secretary, Finance Department, Government of West Bengal in deference to the order dated 11th September, 2018 passed in W.P. No. 4951(W) of 2018 and praying for a writ of mandamus commanding the respondents to extend the benefits of modified pay-scale nos. 16, 17 and 18 of Pay Band (PB)-4A and PB- 4B of Revision of Pay & Allowance Rules, 2009 in terms of the notification vide. no. 691-F(P) dated 7th February, 2011, the present writ petition has been instituted.

2. Shortly put, a legal question which has spiraled up to this court seeking its quietus is whether or not the employees of Agricultural Training Centre, Ramrishna Mission Ashram, Narendrapur, Kolkata are entitled to the benefits of the notification dated 7th February, 2011.

3. To resolve the question, the brief facts which need to be adumbrated are as follows:-

i) The Agricultural Training Centre (in short, ATC), which is a Government-Sponsored training institute, is engaged in organizing various sorts of pre-service, in-service and professional training courses on Agriculture-related subjects. It functions under the aegis of Ramkrishna Mission Ashram, Narendrapur.

ii) Petitioners officiate different posts belonging to ‘A’ category of ATC. In terms of rules governing the field, the petitioners enjoy the scales of pay and its upward revisions, as made from time to time by the Government of West Bengal at par with the government employees.

iii) The benefits of ROPA Rules, 1998 were extended to the petitioner and their pays were fitted in the Scale of Pay of Rs. 8000-275-13,500/-.

iv) From a letter of the Deputy Secretary, Finance Department, Audit Branch, Government of West Bengal vide Memo No.8055-F dated 24th October, 2008 addressed to the Secretary to the Government of West Bengal, Department of Agriculture, it would be explicit that the Finance Department, Government of West Bengal took the stand that there would be no difficulty to allow the revised pay-scales to the employees of ATC as per the recommendation of 5th Pay Commission i.e. ROPA Rules, 2009 (hereinafter referred to as the WBS ROPA Rules, 2009).

v) After promulgation of ROPA Rules, 2009, a separate ROPA Rules vide. notification dated 19th May, 2009 (hereinafter, the ATC ROPA Rules, 2009) was framed for the employees of ATC and according to their official status, the petitioners were placed in Pay Band (PB)-4 and they are fitted in pre-revised scale nos. 16, 17 and 18 of ROPA Rules, 2009.

vi) The Pay structure of Group-A employees of ATC as per ATC ROPA Rules, 2009 in PB-4 is as follows:-

vii) A bird-eye’s view of both the ROPA Rules would reveal that the PB-4 or the pre-revised scale nos. 16, 17 and 18 are similar to each other.

viii) However, sometime in 2011, on the plea that some disparities in the matter of fixation of pay scales crept in the WBS ROPA Rules, 2009, the scales of pay under serial nos. 16, 17 & 18 of PB-4 thereof were modified vide. memo. no. 961/F (P) dated 7th February, 2011 and two new pay bands, namely, PB-4A & PB-4B were introduced.

ix) By that notification, the pre-revised scales under serial nos.16 and 17 being the pre-revised scales of 8000-275-13,500 and 10,000-325-15,525 respectively were placed in PB-4A and elevated to scale of pay of Rs. 15,600-42,000/- with Grade Pay of 5,400 and 6,600/- respectively whereas the pre-revised scale no.18 being the pre-revised s