Full Judgment Text
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PETITIONER:
STATE OF WEST BENGAL & ORS.
Vs.
RESPONDENT:
TROPICAL SCHOOL EMPLOYEES’ UNION & ORS.
DATE OF JUDGMENT: 21/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
NANAVATI G.T. (J)
CITATION:
JT 1996 (4) 237 1996 SCALE (3)397
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted. We have heard learned counsel on both
sides.
This appeal by special leave arises from the order of
the Division Bench of the Calcutta High Court dated August
27, 1993 made in FMA No. 211/91 confirming the order of the
learned single Judge dated January 20, 1987 made in C.R.
No.16484/84. The admitted facts are that the Carmichael
Institute for Tropical Diseases in Calcutta, West Bengal at
one time was run by a charitable institution. Later it, was
run for some time as a private institute under a scheme
framed by the Government in 1949. Subsequently; on March 4,
1971 the Government had taken over the institute w.e.f.
April 1, 1971. The service conditions of these employees
were treated on par with the Government servants. On
February 15, 1973 the Government constituted separate cadres
of the staff working in the institute. We are concerned in
this appeal with two cadres, namely, nonmedical technical
staff and class IV staff. Regarding pay scales of the
institute the Government had referred the matter to the
second Pay Commission. In 1981, pursuant to the
recommendation made by the second Pay Commission which was
partly accepted the Government decided to give to the non-
gazetted teaching staff UGC scales and other staff continued
to be paid on par with the Government staff as before. It
would appear that the other staff made a representation to
the Government. The Government carefully considered that
representation and on July 9, 1984 it decided that UGC pay
scales as enjoyed by the employees of the seven universities
of the State cannot be granted to group C and group D
employees of the institute. Subsequently, the respondents
came to file their writ petition. It transpires from the
record that the Government had not contested before the
learned single Judge. Therefore, the learned single Judge
allowed the writ petition and directed to grant UGC pay
scales to the respondents. On appeal it was confirmed. Thus
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this appeal by special leave.
It is not in dispute that the Government had treated
the respondents as Government servants and Pay Commission
rejected payment of the pay scales prescribed by the UGC to
the non-medical technical staff and class IV employees. It
is an admitted position that a Government servant is bound
by the pay scales prescribed for the employees of the State.
In fact pursuant to the options called for, the respondents
had opted to become Government servants. In the resolution
of the Government dated February 16, 1973 it was stated as
under:
"The posts of Non Medical Technical
Personnel and Class IV staff as
indicated in Appendix I Appendix II
shall constitute separate cadres
for the School of Tropical
Medicine, Calcutta and its attached
institutes on the same principles
as are applicable in matters of
recruitment, promotion, etc. to
similar cadres sanctioned in the
Directorate of Health Services and
Director, School of Tropical
Medicine, Calcutta shall also fix
from time to time the strength of
the two cadres in accordance with
the principles laid down in the
relevant Government order.
It would thus be clear that the respondents belong to
two cadres C and D and having become Government servants,
they are entitled to draw the scale of pay prescribed by the
Government for the posts in C and D cadres. The question is
whether they are entitled to the pay scales of the UGC.
Shri M.N. Krishnamani, learned senior counsel for the
respondents contented that the teaching staff are receiving
the scale of pay prescribed by the UGC and the respondents
are assisting the teaching staff. When similar persons
working in the universities are receiving the pay scales
prescribed by the UGC, the respondents are also equally
entitled to the same. We fail to appreciate the stand. The
employees of the universities are not the Government
servants. They are governed by their own regulations and
statutes under the respective enactments. The respondents on
their own admitted position being the Government servants,
cannot get higher scale of pay than prescribed for the post.
Under those circumstances. the High Court was wholly
unjustified in extending the benefit of pay scales
prescribed by the UGC to the non-teaching medical staff and
also to Class-IV Government employees.
The appeal is accordingly allowed. The order of the
High Court in the appeal as well as the learned single Judge
stand set aside. Consequently the writ petition stand
dismissed. No costs.