Full Judgment Text
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PETITIONER:
STATE FISHERY OFFICERS ASSOCIATION,WEST BENGAL & ANR.
Vs.
RESPONDENT:
STATE OF WEST BENGAL & ANR.
DATE OF JUDGMENT: 21/03/1997
BENCH:
K. RAMASWAMY, K.T. THOMAS
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This special leave petition arises from the order of
the Administrative Tribunal, Calcutta, made on December
12,1996 in case No. TA- 268/96. the petitioners had a
dialogue with the Government of West Bengal to revise the
service conditions of the employees in the Fishery
Department , namely, Assistant Fishery officers, Fishery
Extension Officers etc. w.e.f April 1, 1961. There was an
agreement reached between the Government and the Union of
the first petitioner. Subsequently the Government have
issued orders giving all the benefits except the monetary
benefits from April 1, 1961 to April 1, 1981 Prospectively.
The petitioners have filed the petition in the Tribunal
seeking direction for payment of arrears on the premise
that it was tripaartite agreement and, therefore, the
Government is bound by the undertaking given in the
agreement. The Tribunal has perused the record and stated
thus,
"It appears from the documents on
record that the Finance Department
was a party not a to such
decisions. Nor does it appear that
subsequently concurrence of the
Finance Department was obtained in
this connection. Besides , it does
not appear that the decision were
translated in to any formal
Government order. Be that as it
may, it will not proper to grant
such financial benefits in favour
of Assistant Fishery Officers,
Fishery Extension officers, etc.
with effect from 1.4.1961 while
while other actions of the
Government where to take effect
only from 1.4.1981"
In view of the above finding and in view of the policy
decision taken by the Government, it cannot be said that the
decision of the Government is arbitrary. No direction can be
given to the Government to grant the monetary benefits
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contrary to its policy which falls within the realm of the
executive policy decision.
The special leave petition is accordingly dismissed.