The discretionary nature of state policy decisions regarding pay revisions is upheld, with no obligation to adopt central schemes mandatorily.

JUDGMENT :

Subhendu Samanta, J.

1. Petitioners are the all teachers of State Government aided colleges, they are aggrieved and dissatisfied with alleged illegal and arbitrary action on the part of the State Respondent Authorities against the order of pay a revision of Government of West Bengal vide G.O No.- 1306 (22)- U/77-17 dated 30.12.2019 where under pay scale of University and College Teachers and Librarians are revised in terms of G.O 5562-F dated 25.09.2019.

2. The brief fact of the matter is that the Government of India, Ministry of Human Resources Development, Department of Higher Education, vide letter dated 2nd November, 2017 addressed to Secretary, University Grand Commission, has disclosed the decision of the Government of India regarding a scheme of revision of pay of teachers and equivalent cadres in University and Colleges following the revision of pay scales of Central Government employees on the recommendation of 7th Central Pay Commission (7th CPC). In terms of said memorandum University Grand Commission vide memo dated 30th January, 2018, has declared a scheme for revision of pay of teachers and equivalent cadres in Universities and Colleges following the revision of pay scales of Central Government of employees recommendation of 7th Central Pay Commission (CPC). Revised pay and revised rates of dearness allowance under the said scheme was effected from 01.01.2016.

3. The State of West Bengal has also implemented revision of pay in respect of Teachers of Government-aided Universities, Government- aided Colleges, Teachers of Government Colleges, certain other equivalent cadres (teaching posts of State-aided University and Government Colleges, Registrar/controller of examination, Inspector of Colleges and Financial officers of State-aided Universities vide impugned Notification dated 31st December 2019. Under the said notification the date of implementation of revised pay was given effect notionally from 1st January, 2016 and actually from 1st Day, of January, 2020.

4. Petitioners are not aggrieved about the scale of pay revision and structures thereof but they are aggrieved regarding the date of implementation of such pay revision. It is the sole contention of the petitioner that when the State of West Bengal has adopted the same pay structure as per direction of University Grand Commission in pursuance to the memo dated 2nd November, 2017 of Ministry of Human Resources Development, they must have implemented the pay structure from 01.01.2016not from 01.01.2020. The petitioners case is that by delay implementation of the said scheme, the petitioner’s valuable right of pay protection has been infringed.

5. Hence this writ.

6. Mr. Kallol Basu, Learned Senior Counsel, appearing on behalf of the petitioners submits that on the earlier occasion in terms of recommendation of 6th Central Pay Commission (6th CPC) by the Government of India pay structure of the teachers of the University and Colleges of the State had received pay revision from the date when it was implemented by the University Grand Commission, but in the present case though the pay scale, as declared by the UGC was adopted in toto by the State of West Bengal but date of implementation of the pay scale was arbitrarily ordered to be implemented from 1st January, 2020 instead of 1st January, 2016.

7. Mr. Basu, further submits that in passing