IMPORTANT POINT
An administrative error in recruitment does not create enforceable rights for employees regarding pay scales.

JUDGMENT :

Subhendu Samanta, J.

1. Present petitioners are permanent staff of Netaji Subhas Open University (hereinafter referred as NSOU). Both of them were appointed by the process of direct recruitment at the post of Personal Assistant duly advertised through memorandum dated 29.03.2018. (For petitioner no. 1) and dated 05.12.2018 (for petitioner No. 2)

2. Petitioner No. 1 and 2 has joined the post of Personal Assistant at NSOU. This is the case of the petitioners that the advertisement regarding the appointment of Personal Assistant mentioned the scale of ay as Rs.9,000/---38,3,00/- with grade pay of Rs.4,600/-. After their appointment the Registrar of NSOU issued fixation orders in respect of the petitioners. However the Finance Officer of NSOU on 17.07.2020 issued a note sheet whereby grade pay for the post of Personal Assistant is revised from Rs.4,600/- to Rs.4,400/. Thereafter on 22.07.2020 on the strength of the note, the Registrar, NSOU along with the opinion of the Vice Chancellor of NSOU, revised of grade pay for the post of Personal Assistant of NSOU and initiated steps for recovery of excess drawl from the present petitioners. However on the same day a corrigendum of appointment letters of the present petitioners were issued by the Registrar NSOU.

3. This is the fact of the petitioners that, the petitioners had placed representation to the Registrar of NSOU regarding such revision of grade pay. Thereafter the Registrar of NSOU issued letter to the Special Secretary to the Government of West Bengal regarding the clarification of scale of pay for the post of Personal Assistant. The Registrar of NSOU also made correspondence with the Assistant Secretary Government of West Bengal, Department of Higher Education, University Branch regarding the determination of scale of pay for the post of Personal Assistant of the university.

4. It is the further case of the petitioners that the Vice Chancellor of NSOU also issued a letter to Special Commissioner Government of West Bengal determined of Higher Education, University Branch with regard to the pay scale for the post of Personal Assistant appointment by direct recruitment basis of other university be treated as equal to the direct recruitee in the post of Personal Assistant of NSOU. Thereafter on 27.07.2022 the Assistant Secretary Government of West Bengal Department of Higher Education University Branch, issued memorandum regarding the final determination of scale of pay for the post of Personal assistant of NSOU.

5. Being aggrieved by the said memorandum dated 27.07.2022 the writ petition has been preferred seeking specific direction upon the respondent to set aside the memorandum dated 27.07.2022 and for ancillary/corresponding relieves.

6. Learned Advocate for the petitioner submits that the respondent authorities in an arbitrary way revised the grade pay of the petitioners for the post of Personal Assistant from Rs.4,600/- to Rs.4,400/-. He further submits that the petitioners are the direct recruitee of NSOU through the specific memorandum of NSOU after having accord from the Finance Department Government of West Bengal. The specific scale of pay with the grade pay for the appointment to the Post of Personal Assistant has been mentioned in the said notification/memorandum. The decision of deduction of grade pay is absolutely arbitrary. He further submits that educational qualification, evaluation of duties, responsibilities of post of Personal Assistant at NSOU and Personal Assistant of other Universities are equal and equivalent. Therefore the petitioners are entitled to receive the same benefit including the grade pay for the post of Personal assistant like the other Universities.

7. Learned Advocate for the petitioner further clarified that there is no provision in the NSOU for appointment and to provide for promotion from the post of Junior Stenographer to Senior Stenographer to the post of P.A.; therefore, the GO as referred, is not at all applicable in the present ca