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Assailing the order dated 10th March, 2010 passed by the West Bengal Administrative Tribunal in case No. OA.168 of 2003, this writ application has been filed.

The petitioner prayed for pay scale of Rs.200-400/- as per ROPA, 1961 for holding the post of Workshop Instructor which has been refused by learned Tribunal below.

From the reasoning of the order impugned it appears that under ROPA, 1961 there were five pay scales for the post of Workshop Instructor based on respective qualifications of the persons concerned, namely, i) for persons with qualification of overseer - Rs.200-400/-, (ii) for persons with qualification of sub-overseer -

The order of learned Tribunal reads such.

"Case No: O.A. 168 of 2003 Judgement delivered on : 10.03.10 In this application, the applicant prays for setting aside/rescinding/revoking the order dated 10.10.02 (Annexure - B) issued by respondent no. 2B and for fixation of his pay scale as par with that of Shri Fatik Ch. Ghosh, Shri Sambhu Ch. Pramanik and Shri Dilip Roy and to grant him Intermediate Selection Grade since 1974.

2. The case of the applicant, in a nutshell, is that he was appointed as a Workshop Instructor at Uttarpara Government High School w.e.f. 14.5.66 and obtained various technical qualifications including National Trade Certificate from the Ministry of Labour and Employment, Government of India. His scale of pay was fixed at Rs.125-200/- vide Memo dated 1.7.66 and subsequently it was fixed in the scale of Rs.175- 325/- with effect from the date of his joining. On and from 15.71 his pay scale was enhanced to Rs.300-600/- under ROPA, 1970 and further to Rs.380-910/- w.e.f 1.5.81 and to Rs.425-1050/- from 1.4.84. His pay scale was not enhanced from 10.5.85 to 9.5.86 and no Career Advancement Scheme (CAS) was given to him. He should have got the pay scale of Rs.200-400/- from 14.5.66 and Rs.425-1050/- from 1.5.81, Rs.440-1170/- from 1.4.84, Rs.1420-3130/- from 1.5.87 and Rs.1500- 3400/- from 1.4.89. His service benefit such as selection grade scale of 1974, ROPA 1981 benefit under rule 9 of ROPA 1981 and higher scale according to ROPA, 1990 as well as CAS benefit under G.O. dated 31.6.90 ( should be 30.6.90) was denied to him. This is a clear breach of the order passed by the Hon'ble Court in the matter of Fatik Ch. Ghosh Vs. State of West Bengal & Others as also the order of this Tribunal passed on 29.8.97 in O.A. 82 of 1997. Fatik Ch. Ghosh and Sambhu Ch. Pramanik, Workshop Instructors having same requisite qualification as that of the present applicant were given al service benefits and though he had much better qualification, he was denied the same in an irregular and illegal manner. Being dissatisfied and aggrieved, he filed a representation before respondent no.2B vide letter dated 19.7.96 for fixation of his pay in the same category with S/Shri Fatik Ch. Ghosh and S.C. Pramanik. He made a further representation before the same authority vide letter dated 10.8.99 and one more on 28.7.01 to respondent no.2A. His prayer was denied by the Deputy Secretary, Finance Department by order dated 5.12.01. He issued a demand justice notice on 11.1.02 and filed an application before this Tribunal being O.A. 405 of 2002 which was disposed of with a direction to respondent no.2B to dispose of the same after giving an opportunity of hearing to the applicant and by passing a reasoned order, taking into consideration the contention made in the application in the light of decision of the Tribunal in O.A 82 of 1997 within a time frame. In pursuance of the said order, respondent no.2B passed an order on 10.10.02 refusing the prayer. The order dated 10.10.02 as a whole is a gross abuse of Constitutional rights of the applicant as also violative of the principles of natural justice and though respondent no. 2B clearly expressed that the principle of equal pay for equal work was not apparently followed in this case by the Government and felt that there was qualitative difference in output by Workshop Instructors of these two categories, he did not show any hint to determine how the division of this Workshop instructors arises. The applicant is holding either the higher qualification or same to that of Fatik Ch. Ghosh, S.C. Pramanik and Dilip Roy. In terms of Circular dated 6.6.70, it is clear that the applicant is holding National Trade Certificate and others are not and naturally the qualifications of Fatik Ch. Ghosh, S.C. Pramanik and Dilip Roy are equivalent to that of the qualification of the applicant. These three employees have enjoyed the pay scale of Rs.200- 400/- and the applicant has been deprived of getting the same. Dilip Roy holds a junior post ass Assistant Workshop Instructor compared to the post of applicant. The applicant in spite of holding the superior post has been deprived of getting the benefit of pay scale of Rs.200-400/-. Even if there are two categories of Workshop Instructors, when Mr. Anant Malakar holds the qualification of overseer higher than that Fatik Ch. Ghosh, S.C.Pramanik and Dilip Roy, these three persons have received the same scale of Anant Malakar ie. Rs.200-400/-. Actually there is no category in the post of Workshop Instructor and even then he has not received the same scale on a peculiar plea of absence of general order of the Government. Although this Tribunal directed respondent no. 2B to give a reasoned order in the light of the judgement passed in O.A. 82 of 1997, he wilfully neglected to take into consideration of the relevant portion and/or contention of the said order. It is surprising to note that respondent no. 2B has requested the Govt. to issue necessary order in favour of the applicant, but he decided a reverse order vide letter dated 10.10.02. He discriminated against the applicant in a peculiar way by ignoring the appropriate portions of the judgement and order passed by this Tribunal in O.A. No. 405 of 2002. The applicant being similarly circumstanced compared to Fatik Ch. Ghosh, S.C. Pramanik and Dilip Roy his right of equal pay for equal work which has been contravened seriously by the whim or Administrative fiat, cannot be denied. Hence the application.

3. In spite of repeated opportunities, the State respondents did not file any Reply.

4. The Ld. Adv. for the applicant mainly relied on various documents annexed to the application and assailed the reasoned order saying that the prayer for higher pay scale was not allowed in the absence of the general order from the Government revising upwardly the pay scale of all Workshop Instructors who are similarly qualified and circumstanced as Shri Fatik Ch Ghosh and S.C. Pramanik. The Ld. Adv. for the State respondents, on the other hand, submitted that the applicant has not established that he is similarly circumstanced with Fatik Ch. Ghosh and S.C. Pramanik. Fatik Ch. Ghosh and S.C. Pramanik were awarded higher scale in terms of the orders of the Hon'ble Court. These orders were restricted to the writ petitioners only and the scale of Workshop Instructor in general was not modified. That being the case, the applicant could not derive strength from such orders of the Hon'ble Court. There being no merit in the applicant, the same deserves dismissed.

5. At the outset, it is observed that the prayer to award of Selection Grade not being consequential to the prayer relating to awarding of pay scale similar to those given to Fatik Ch. Ghosh, S.C. Pramanik and Dilip Roy is barred by Rule 10 of WBAT (Procedure) Rules, 1994 and as such being not admissible is rejected.

6. The applicant was appointed as a Workshop Instructor on 14.5.66 in the scale of pay of Rs.125-200/- vide Memo dated 1.7.66 and subsequently he was given the pay scale of Rs.175-325/- with effect from the date of his joining. ROPA, 1961 introduced five pay scales for the post of Workshop Instructors as follows : (i) for persons with qualification of overseer - Rs.200-400/-, (ii) for persons with qualification of sub-overseer - Rs.175-325/- (iii) for persons with pass certificate in the Government College and arts and its equivalent - Rs.150-250/-, (iv) for persons possessing at lest a pass certificate of school final or its equivalent with practical experience - Rs.125-200/- an (v ) others with practical experience only - Rs.100-140/-. The applicant has claimed the scale of Rs.200-400/- from the date of his joining. He passed H.S. examination in 1963 and obtained National Trade Certificate in the trade of Machinist in 1965 followed by 6 months apprenticeship was later by G.O. dated 29.7.79 considered to be of two years duration in respect of all National Trade Certificates obtained in the period prior to 1.8.66. All Workshop Instructors in Government High School holding such National Trade Certificates were accordingly granted the relevant pay scale for sub-overseers i.e. Rs.175-325/- in terms of G.O. dated 6.1.70. It is not a case that the applicant has a 3-year engineering diploma entitling him to the pay scale of overseer i.e. Rs.200-400/-. It appears that Fatik Ch. Ghosh was granted higher pay scale of Rs.200-400/- and subsequently corresponding revised pay scales in pursuance of order dated 22.11.88 of the Hon'ble Court issued in G.O. dated 14.9.95. The educational qualification of Shri Ghosh was Intermediate examination with Craft Teachers Training Certificate and a Training Certificate in Wood Craft and Metal Craft. His pay scale found to be have been wrongly fixed in the scale of Rs.200-400/- and was later reduced to Rs.125-300/-. the pay scale that he was considered to be entitled to, in December, 1967 on the plea that the earlier fixation was wrong and overdrawal was ordered to be recovered from his pay by instalments. He made a number of representations before the authority and failing to get any response, moved the Hon'ble Court in 1968 challenging the order of reduction. The said rule was heard and discharged by the Hon'ble Court on 13.7.72. He preferred an appeal being FMAT No. 567 of 1973 which was allowed by the Hon'ble Court on 20.2.87 directing the respondents to consider the case in accordance with the law after giving an opportunity of hearing. Nothing further was done till December 1987. Then a further writ application was moved on 24.12.87 when directions were given for filing of affidavits. No affidavits having been filed, on 2.5.88 the Hon'ble Court passed an order directing the Director of Public Instruction and the Head Master, Howrah Zilla School to explain why the orders dated 20.2.87 had not been complied with. On the next date i.e. 9.5.88 the Hon'ble Court directed these two persons to appear in the Court on 13.5.88 and to explain why they did not attend the Court on 9.5.88 as directed. On 8.6.88 another order was passed directing the Director of School Education to be personally present on 29.7.88. On 29.7.88, the then Director of School Education having submitted that he had not been made a party, the Hon'ble Court directed the Director to be made a party and further directed him to consider the case sympathetically as per the judgement of the appeal court dated 20.2.87 within a specific period. That order was also not complied with. The petitioner n this case joined service in 1960 on a pay scale of Rs.110- 150/- which was revised in 1961 to Rs.200-400/- on the basis of qualification under ROPA, 1961 and duly approved by the Accountant General, Government of West Bengal in 1962. The benefit of the scale was, however, withdrawn without giving him opportunity of hearing. Here his ay scale was reduced to Rs.125-200/- from 1967 and he was not given any revision, or selection grade not even the benefit of ROPA, 1981. He reached the maximum of the scale in November 1967 at Rs.200/-. In view of this and the repeated failure of the State Government to consider the direction of the Hon'ble Court from time to time and also in view of the fact that one Dilip Roy, Workshop Instructor, not having appropriate qualification was given the scale of Rs.200-400/- and his pay scale was not reduced, the order of reduction of the pay scale of the writ petitioner viz. Fatik Ch. Ghosh was quashed. It was directed that his pay should be fixed in the scale of Rs.200-400/- along with all consequential benefits and pay fixation. It is thus seen that this order was restricted to the petitioner viz. Fatik Ch. Ghosh only and was not a general order enhancing the pay scale of Workshop Instructor to Rs.200-400/-.