470 1230 whilethe scale of pay of the six zonal officers was shown as Rs.
1931per month.
Pursuantto the resolution No.7 on supplementary agenda,the CMDA stated on 7.4.84 that the said resolution was being sentto Finance Secretary for obtaining his views on thescales of pay proposed for the two categories of posts.
660 1000.
Dismissing the appeal the learned Judges companyfirmed the judgmentof thelearnedsingle Judge dated 13th March, 1987 in Civil Order No, 466 w of 1985.
Relying on thesaid resolution of the CMDA dated13.12.1981 the petitioners companytendthat the pay scale of programme officers in the West Bengal GovernmentService whichwas governed by the said Ropa Rules isRs.
Thereafter, theCMDA passed final orders on 26th March,1984 for creation of 21 posts of programme officersin the scale of Rs.
It may here be numbered that the revised scale of pay of SectionOfficers was Rs.
470 1230.
The learned single Judge cameto theconclusion that the writ petitioners who were working as Programme Officers under the CMDA and weregiven the scaleof Rs.
As regards the pay scales it was stated that theFinanceDepartment had numberobjection inasmuch as they were in accordance with the pattern of pay scales prescribed in the West BengalServices Revision of Pay Allowances Rules, 1981 hereinafter called theROPA Rules .
660 1600.It is also companytended for the CMDA that thelearned SingleJudge as well as the Division Bench were numberright in holding that the companycession of thelearnedcounsel for the CMDA was to the effectthat the Writ petitioners were entitled to the scale of Rs.660 1600.
The proper remedy for the appellant was to file a review application before the learnedSingleJudge or the Division Bench inasmuch asthis is a dispute as to what bad happened in the companyrt.
The proper remedy was number to file an appealin thiscourt but to file a review application in the High Court.
It was argued that basing on a mistake in the companyputation of the budget as shown in Annexure IV tothe agenda, the writ petitioners companyld number claim the scale of Rs.660 1600.
The supplementary agenda companysisted of four Annexures Ito IV.
The CMDA provides for the establishment of the statutory authority for the formulation and execution of plans for development of the Calcutta Metropolitan area,for the companyordination and supervision ofthe execution of such plans and for matters companynected therewith or incidental thereto.
Sofar as the two posts of programme officers wereconcerned, theywere tobe filled by promotion of the existing planning assistants serving in the unit.
Annexure I dealtwith the set up, Annexure II with the scaleof pay,Annexure III with the sanctioned strength of the staff proposed to be sanctioned while Annexure IV companytained with the financial statement.
Para 7.1 of the resolution at their meeting stated that theCMDA approved the administrative set up proposed in the agenda with details numbered in AnnexuresI to IVto the supplementary agenda and that the authority had decided topay thepay scales of the posts only after the Finance Secretary had companysidered them.
660 1600, two programme officers with scale of SectionOfficer, 16 planning assistants programme assistants withscale of pay of Rs.425 1050.
On 25.5.1983the Finance Department accepted the abovepatternof pay scales except in regard to the special pay recommended by the CMDA to the officers at various levels.
Learned companynsel for the appellant CMDA referred to us, among others, the following facts and resolutions of the CMDA The CMDAwas created by the CalcuttaMetropolitan Development Authority Act, 1970 which Act was replacedby a subsequent, Act of 1972 Act 12 of 1972 .
On the basis of thesaid agenda,the 74th meeting of the CMDAtook place on15th December, 1982 and the resolution passed at thesaid meeting disclosed in para 22 that theauthority had approved the proposal for creation of posts for implementation of the S.E Programme Under CUDP III subject to the amendment that the postsin thesubordinate offices Zonal officers would be filled up only after the scheme IDA II was negotiated successfully withthe World Bank.
The terms companyditions of the service of the writ petitioners under the CMDA are governed be the CMDA Service Regulations1975 framed by the CMDA.
For theimplementation of thesaid programme, as suggested by the World Bank, itwas proposed to Sanction new postswith new scales of Pay.
The financial implications in respect of the 23 posts of programme officers inthe scale of pay of Rs.470 1230 were also companymunicated.
The agenda for the 74th meeting ofthe CMDA proposed the creationof posts for implementation of the S.S.B. Programme under C.U.D.P. III with World Bank Aid.
The above resolution of the CMDA dated 13.12.1981 requires that the pay scales of CMDA beaccordingly revised in line with the West Bengal services Revision of pay Allowances Rules, 1981, applicable to West Bengal government employees and also that the revisedpay scales should be deemed tohave companye into force from 1.4.1981.
When the writ petition was filed the petitioners were working as programme officers.
Inthe writ petition, they claimed the scale of Rs.
470 1230were entitled to the scaleof Rs.660 1600.
The said scale was directed to begiven with effect fromthe respective dates of promotion of the writ petitioners.
In this appealfiled by the CMDA, thesaid view of the Calcutta High Court is challenged on the ground that the Programme Officers workingunder the CMDAwere permitted to draw the scale ofa Section officer namely Rs.
Separate approval was given to the supplementary agenda at this 76th meeting on 23.3.1983.
The76th meeting of the board of CMDAtook place on 23rd, March, 1983.
470 1230 which theCMDA gave them.
It was also heldthat they would be entitled to 50 of the arrears onthe basis of such fixation.
One has to goby Annexure II which dealtwith the Scales of pay as approved by the CMDA and said Annexure referredto the pay scale of Rs.470 1230 asapplicable to programmeofficers.
The writ petitioners wereappointed as Samaj Sevaks Sevikas and Junior SamajSevaks Sevikas.
470 1230.
After referring to the AnnexuresI to IV of the supplementary agenda, the resolution mentioned that there were 23posts of programme officers in the scale of Rs.470 1230.
Initially Sanction of two postsof programme officers was granted by the order dated 15th January,1983 byCMDA.
The agenda for the 76th meeting of the CMDA was then prepared and it shows that thenumberof posts of programme officerswere increased from 2 to 23 and the scale ofpay wasshown as Rs.
The appeal preferred by the CMDA beforethe Division Bench, againstthe above saidjudgment, was dismissed.
Onthe other hand,learnedcounselfor respondents the writ petitioners companytended that when the learned single Judge as well as theDivision Bench recorded that the companynselfor the CMDAhad made a companycession that the scale of Rs.660 1600 was approved for programme officers, it was number open to theCMDA to file an appealand companytest thesaid admission recorded in the judgments.
Theagenda also stated that the approval of the CMDA to the administrative set up and the other annexures pertaining thereto wassolicited.
so far as zonal officers were companycerned, they were to befilled,as the posts were new, on deputation from Junior WBCS Officers.
JU D G ME N T JAGANNADHA RAO, J. This appeal has beenpreferred by the Calcutta Metropolitan Development Authority hereinafter called the CMDA against the judgmentof the DivisionBench of the Calcutta High Court in AppealFrom Original Order No.1164 of 1988 dated 22.12.1992.
The entire area of operation wasto be groupedinto six zones .
The staffing pattern of theZonal officer was to companyprise of six zonal officerswith the scaleof payof Rs.
