Secretary, Finance Department And Ors vs West Bengal Registration Service ... on 20 February, 1992
7. Eventhough the Apex Court in its decision rendered in
Secretary, Finance Department and others v. West Bengal
Registration Service Association and others - 1993 SUPP (1)
SCC 153 held to the effect that determination of pay scales is
the primary function of the executives and not the judiciary,
in the very same decision, the Supreme Court has
emphasised that the Courts have jurisdiction to grant relief to
the aggrieved employees why they are unjustly treated and
when the state action is arbitrary. In the instant case, we are
of the opinion that the applicants are unjustly treated in as
much as higher pay scale is given to the private respondents
who are functioning inferior than the applicants and who
have not even qualified themselves to be promoted to the
posts which are held by the applicants.