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2. Briefly stated, the writ petitioners no.1 to 9 are working as Workshop Instructors in Ram Krishna Mission Silpa Mandir and the writ petitioners no.10 to 15 are attached to Ram Krishna Mission Silpa Pith. They were all appointed as Workshop Instructors. The writ petitioners have claimed benefits on the principle of Equal pay for equal work as extended to the writ petitioners in WP 3222(w) 1998 (Sibu Gopal Sadhukhan & Ors. Vs. State of West Bengal and Ors.).

3. Before 1981 the pay scale of the Workshop Instructors of Government Polytechnic was Rs.230-425 with higher initial start at Rs.250 as per ROPA Rules, 1970 whereas for the Workshop/Mistri Instructors of Government sponsored Polytechnics, the pay scale was Rs.230-425.

6. On 22nd January, 1987, The West Bengal Services (Recruitment to the post of Workshop Instructor/Mistri Instructor Government and Sponsored Polytechnics in West Bengal) Rules, 1986 ( in short, "Workshop Instructors Rules, 1986) was issued vide Notification No.21-Edn.(T.E.T)/10R-3/86, by the Government under the proviso to Article 309 of the Constitution of India. By the 1987 notification in single scale of pay of Rs.380-910 (scale no.9 of ROPA 1981) was prescribed for all Workshop/Mistri Instructors uniformly including the Government and Government aided polytechnics appointed after 22nd July, 1987, the reason being, the educational qualifications prescribed for all posts of Workshop Instructors/Mistri Instructors was the same. However, those Workshop/Mistri Instructors who were appointed prior to 22nd January, 1987, would continue to draw pay scales in accordance with their respective pay scales under ROPA Rules, 1981.

46. Mr.Ghosh has referred to the communication of the Director of Technical Education and Training dated 7th November, 2008 vide Memo No.3181 TET to the Member Secretary, 5th Pay Commission recommending revision of pay structure of different categories of staff under Directorate of Technical Education and Training, West Bengal. Mr. Ghosh has relied upon the following extract of the recommendation:

"Department of Technical Education and Training, W.B. runs its public service through two wings - 1. Directorate of Technical Education & Training. 2. Directorate of Industrial Training. While the former imparts technical education in the state through the Government Polytechnic Institutes, the latter does the same through the Government Industrial Training Institutes. Both the Directorates have one post - Workshop Instructor/similar in all respects except scale of pay. The job profile of the Workshop/Instructor irrespective of the Polytechnic or ITI encompasses supervisory works and technical assistance to the students in the workshops training classes. Job responsibility of a Polytechnic instructor is in fact, equal to, if not more, what an ITI instructor is assigned to. But it is suprising to note that pay scale of the Workshop-Instructor/Instructor in Polytechnics is Rs.4000- 8850/- for the ITI certificate holder and Rs.4500-9700/- for the Engg. Diploma holder but the same for the Workshop- Instructor /Instructor in the ITI is Rs.4500-9700/-. At present almost 85% candidates in the Polytechnics are enjoying the scale of pay of Rs.4500-9700/- through court cases. Recently, a move was made to the department to bring the recruitment qualification for the Workshop-Instructor/Instructor of the Polytechnics at par with what is followed in the Directorate of Industrial Training.
Now the present scale of pay i.e Rs.4000-8850/- admission to a section of Workshop-Instructors/Instructors of the Polytechnics may be elevated to scale of pay i.e. Rs.4500- 9700/- in order to maintain partite in all respects.
J.Laboratory Assistant:
There is another post of Laboratory Assistant which, before ROPA-1981 enjoyed one scale of pay similar to Workshop Instructor and Instructor. In fact the post of Laboratory Assistant in the Polytechnic system was always put in the official hierarchy higher than the post of Workshop Instructor & Instructor. But the scale of pay unfortunately was not mentioned in the ROPA-1981 report. However, with two amendments of the Finance Department that followed ROPA- 1981, scale of pay of Laboratory Assistant was allotted to Rs.340-7509 (Eqv. To Rs.3600-7050).... Two scales below the scale of pay of the workshop-Instructor/Instructor. At present Laboratory Assistants are enjoying the same scale i.e. Rs.3600-7050/-. Department has recently been approached for framing recruitment qualification for the post of Laboratory Assistant in line with the Directorate of Industrial Training.