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2025 Supreme(Cal) 4
IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA, J.
IN THE MATTER OF
Dipta Sen & Ors. – Petitioners
Versus
State of West Bengal & Ors. – Respondents
WPA 17478 of 2022
Decided On : 03-01-2025
Important Points
Subject
Employment Law - Contractual Employment
Headnote
(B) Equal Pay for Equal Work - The principle established that employees performing similar duties should not be paid less than their counterparts, emphasizing the need for fair remuneration in a welfare state. (Paras 18-19)
Facts of the case:
Petitioners were part-time lecturers engaged under the Technical Education Department, claiming benefits as contractual employees after a change in their status. They argued for equal pay based on their workload compared to regular lecturers.
Findings of Court:
The court ruled that while the petitioners were not entitled to the benefits under the Finance Department Memo, they deserved appropriate remuneration reflective of their responsibilities.
Issues: The main issues included the status of the petitioners as contractual employees and their entitlement to benefits under the Finance Department Memo.
Ratio Decidendi: The court held that the petitioners, despite their contractual status, performed duties comparable to regular employees and should receive fair remuneration.
Result: Writ petition disposed of with directions for the concerned authority to implement a proper pay structure.
For the Petitioners: Mr. Ayan Banerjee, Adv., Mr. Soumo Choudhury, Adv., Mr. Suman Banerjee, Adv.
For the Added Respondent: Mr. Sujit Bhunia, Adv.
For the State : Mr. Pantu Deb Roy, Adv., Mr. Sayak Chakraborty Adv.
JUDGMENT :
(Subhendu Samanta, J.)
1. Petitioners were initially engaged in the post of Part Time Lecturers in Polytechnics under Technical Education, Training and Skill Development Department Government of West Bengal with fixed remuneration and for a particular period. Their engagement was extended time to time. The fixed remuneration per class was also enhanced by different notification of the Government of West Bengal. Vide notification No. 557 dated 2nd September, 2010, Department of Technical Education and Training, Polytechnic Branch, Government of West Bengal, had issued a notification, thereby implemented contractual fixed remuneration of part time lecturers and other categories of employees of Government/Government Sponsored Polytechnic in the State.
2. It is the case of the petitioner by such notification the Government has changed the status of the part time lecturers to contractual lecturers with fixed remuneration for months.
3. Thereafter Government also issued another GO No. 675 dated 29th August 2011 for engagement of part time faculty and non-teaching faculty in Polytechnic on hourly basis providing fixed remuneration of the faculties and non-teaching faculties hourly basis or class basis.
4. Vide GO No. 765 dated 23rd September, 2011 the Government has clarified its position regarding status of the petitioners as follows:-
| No.765-TET(Poly)/4E-26/2010 Dated, Kolkata, the 23rd September, 2011.
From : Shri H. P. Ghosh Deputy Secretary to the Government of West Bengal To: The Director of Technical Education & Training, West Bengal
Sub: Clarification regarding Part-time appointment of teaching and non-teaching faculty in Polytechnics
Consequent upon issuance of Government Order No.675- TET(Poly) dated 29.08.2011 allowing engagement of Part-time faculty and non-teaching faculty in Polytechnics on hourly basis, a question has been raised from some comer as to whether the Part-time faculty and non- teaching faculty of Polytechnics who were engaged prior to July, 2010 and were allowed contractual fixed remuneration in terms of this Deptt's G.O. No.557-TET (Poly) dated 02.09.2010 be guided by the latest Govt. Order.
After careful consideration, the undersigned is directed by order of the Governor to say that the Part-time faculty and nonteaching faculty engaged in Polytechnics prior to July 2010 will continue to draw contractual fixed remuneration as defined in the manner in this Deptt. G.O. No.557-TET (Poly) dated 02.09.2010 until further orders. However the part-time faculty and non- teaching faculty to be engaged from October, 2011 will be guided by the Deptt's G.O. No.675- TET(Poly) dated 29.08.2011.
This order issues with the approval of the competent authority.
Deputy Secretary to the Government of West Bengal No.765/1(4)-TET(Poly) Dated, Kolkata, the 23rd September, 2011. |
5. The Government of West Bengal, Finance Department has issued a memorandum No. 9008-F (P) dated 16th September 2011, whereby the State of West Bengal in order to provide security of tenure, appropriate emoluments and to provide certain terminal benefits as framed a scheme for casual/daily rated/contractual workers who have remained engaging in various Government establishment for a considerable period for more than 10 years. The Memo dated 16th September 2011 is set out as follows:-
No.-9008-F(P) dated 16th September,2011
In order to provide security of tenure, appropriate emoluments and certain terminal benefits subject to fulfilment of certain conditions to the casual/daily rated/contractual workers who have remained engaged in various Government Establishments for a considerable period of more than 10 years in connection with Implementation of various schemes/projects of various Departments of the government two Memorandums vide No. 2966- F(P) dt. 23-04-2010 and No. 11794-F(P) dt. 22-12-2010 were issued by the Government in Finance Department.
The question
