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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Suranta Ganguly – Appellant
Versus
West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioners' grievance regarding pay revision date implementation. (Para 1 , 2 , 3 , 4) |
| 2. arguments for earlier implementation of pay revision. (Para 6 , 7 , 8) |
| 3. state's defense on financial autonomy. (Para 9 , 10 , 11) |
| 4. overview of revisions' applicability. (Para 13 , 14 , 15) |
| 5. conditions for state scheme adoption. (Para 16 , 17 , 18) |
| 6. policy discretion concerning implementation date. (Para 19 , 20 , 21) |
| 7. policy decisions and judicial non-interference. (Para 22 , 23) |
| 8. state's financial discretion and policy enforcement. (Para 24 , 25) |
| 9. conclusion and dismissal of writ petition. (Para 26 , 27 , 28) |
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 Developme
The discretionary nature of state policy decisions regarding pay revisions is upheld, with no obligation to adopt central schemes mandatorily.
The main legal point established in the judgment is the entitlement of teachers to arrears of salary as per VI and VII CPC recommendations, and the responsibility of the authorities to ensure complia....
Teachers in Non-Government Aided Colleges are entitled to the same financial benefits as their counterparts in Government Colleges based on the principle of equal pay for equal work.
The exclusion of non-teaching staff from revised pay scales in unaided institutions is arbitrary, violating Article 14's guarantee of equality, as both aided and unaided staff should equally share in....
The fixed pay policy for Group-C and Group-D employees is constitutional, aimed at employment generation, and does not violate the principle of equal pay for equal work without proving equality in al....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
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