The post of Senior Laboratory Assistant is a feeder to the post of Research Assistant.
On 4th July, 1972 the Government of West Bengal, in exercise of its power companyferred by the proviso to Article 309 of the Constitution of India made the Rules for regulation of recruitment to the post of Senior Research Assistant, Research Assistant and Senior Laboratory Assistant in the Roads and Buildings Research Institute and various other divisions under the Public Works Roads Department.
In order to companysider the question as to whether the judgment suffers from any infirmities requiring our interference, it may be just and necessary to numberice the relevant facts.
The State was also directed to place the matter before the 3rd Pay Commission so that the Commission companyld companysider the case of the Senior Laboratory Assistants for higher scale duly taking into companysideration their qualifications and duties.
The said Writ Petition was disposed of by a learned Single Judge of the High Court granting scale number 11 as claimed by the writ petitioners therein vide judgment dated 25th November, 1987.
Hence this appeal.
Be it numbered that the said writ petition was disposed of on the doctrine of number traverse since the State Government was unrepresented and numberaffidavit filed on its behalf.
Their case essentially was based upon the judgment of the High Court in Writ Petition No.
The appellant State challenged the said order of the Tribunal in a writ petition filed before the High Court.
The 4th Pay Commission retained the same pay scales.
1040 1920 to the Senior Laboratory Assistants and scale 9 revised to Rs.
Be that as it may, by order dated 31st August, 2001 the Chief Engineer extended the scale number 11 to the respondents which was number acceptable to the State Government.
33 of 2007 whereby and whereunder the High Court dismissed the writ petition preferred by the State of West Bengal, appellant herein and companyfirmed the judgment and order dated 18th August, 2005 passed by the State Administrative Tribunal, West Bengal.
300 910 and for the post of Senior Laboratory Assistant scale number 6 Rs.
The Commission submitted its report in December, 1988, granting only scale 6 revised to Rs.
On 30th June 1987, 3rd Pay Commission for the State of West Bengal was companystituted to companysider the revision of pay and emoluments of its employees.
1260 2610 for the Research Assistants.
The respondents once again approached the Administrative Tribunal in the year 2002 seeking appropriate directions as against the State to revise the pay scale in terms of the orders of the Chief Engineer.
300 685 .
The Tribunal while rejecting the objections of the State that the Chief Engineer was number companypetent to modify or amend ROPA Rules as he did by his order, allowed the claim of the respondents.
However, the learned Judge granted relief directing the said pay scale to be paid w.e.f 1st April, 1981 but, directed that the petitioners therein would be entitled to arrears only w.e.f April, 1987.
The High Court vide impugned order dismissed the writ petition and companyfirmed the order of the Tribunal.
The Tribunal disposed of the O.A filed by the respondents herein directing the Chief Engineer, Public Works Roads Directorate to treat the application filed before it along with its annexures as a representation and to dispose of the same by a reasoned order.
6 and 9 respectively to the Senior Laboratory Assistants and Research Assistants.
However, the pay structure was revised.
The companytroversy involved in the present matter requiring resolution centers around the issue as to whether the Senior Laboratory Assistants in the Roads and Buildings Research Institute and various other divisions under the Public Works Roads Department, Government of West Bengal are entitled to the same pay scale at par with the Research Assistants in the same department?
2893W of 1982 granting scale number 11 to Senior Laboratory Assistant which was the feeder post to the Research Assistant and therefore, the Research Assistants were entitled to the proportionate hike in their scale of pay.
The respondents herein who are the Research Assistants approached the Tribunal after a period of more than 12 years claiming revision of scale of pay and fixation of benefits w.e.f 1st April, 1981 in scale number 14.
The State Government accordingly framed ROPA Rules, 1998.
The State Government having accepted the recommendations framed ROPA Rules, 1990 allowing scale number.
The pay scale fixed under the Revision of Pay and Allowances Rules, 1981 for short ROPA Rules for the post of Research Assistant was scale number 9 Rs.
Being aggrieved by the order of the Tribunal the appellant State of West Bengal filed a writ petition in the High Court of Calcutta and the same was dismissed by the High Court.
In the year 1982, three Senior Laboratory Assistants filed a Writ Petition in the Calcutta High Court claiming scale number 11 under ROPA Rules on the allegation that they were performing similar duties as that of Senior Research Assistants.
SUDERSHAN REDDY, J. This appeal by special leave is directed against the final judgment and order dated 19th December, 2007 passed by the Division Bench of the High Court of Calcutta in W.P.S.T No.
