This judgment was delivered by the learned Single Judge on February 16,1995.
The matter was remitted back by this Court before the Division Bench of the High Court of Calcutta and the same came to be heard by a Bench presided over by Justice Altamas Kabir and Justice Gora Chand De.
However, numbercounter affidavit was filed, therefore, the allegations were number denied and numberody appeared on behalf of the Government.
The Division Bench examined the matter in great detail and after a detailed discussions, the Division Bench framed two questions i.e. i Do Amins perform the same or similar nature of duties as Surveyors in the different departments of the State Government and are their responsibilities, training and qualifications companyparable which would entitle them to equal pay for equal work with Surveyors ?
On that basis, learned Single Judge directed that same pay scales should be given to the Amins as that of the Surveyors.
The appeal is disposed of accordingly.
The matter was referred to the larger Bench by the Chief Justice and the matter came to be disposed off by a Division Bench presided over by Justice P.Banerjee Justice Vidyanand.
When the said pay scale was number given, a companytempt petition was filed and that companytempt petition was disposed of by learned Single Judge directing the State Government to allow the petitioners in those two Civil Rule Nos.3469 and 3470 of 1982 same scale of pay as that of Surveyors.
Therefore, all these Appeals which were clubbed together are being disposed of by this companymon order.
C.R.3470 W of 1982 were disposed of on the doctrine of number traverse and therefore this need number be treated as precedent for future cases.
Number of decisions were given by the High Court of Calcutta following the decision in Md.Anwarul Haques case though in the said case it was clearly mentioned that the order passed in this case will number be treated as precedent for other cases.
Thereafter, when some more matters came up before learned Single Judge, Justice Sinha as he then was , he recorded detailed reasons and referred the matters to the Chief Justice for referring it to a larger Bench.
It is unfortunate that against this order numberappeal was preferred and subsequently all 36 cases which were filed by different persons same order was passed.
Those appeals may be heard also by the Division Bench.
Justice B.P.Banerjee examined the matter at length and after examining the matter in great detail held that the Amins cannot be treated at par with the Surveyors and accordingly dismissed the writ petitions without any order as to companyts.
The case of the petitioners in those civil rules was that they were recruited as Amins under the Land Records and Surveyors, Directorate, Government of West Bengal.
Justice Banerjee in the Division Bench examined the qualifications of the Amins as well as job requirement, methodology and work discharged by them vis vis that of the Surveyors and found that it is difficult to hold that the Amins and Surveyors are discharging the same duties as they are recruited on the basis of different qualifications and therefore the Amins cannot be treated at par with that of the Surveyors.
1180 of 2002, C.A.No.1181 of 2002, C.A.1182 of 2002 C.A.Nos.1183 1184 of 2002.
It is also unfortunate that in the State Government numberody examined the matter and they totally ignored the rules on the subject and the duties performed by the Amins and Surveyors and the Government allowed them the benefits of the pay scales of the Surveyors.
Aggrieved against this judgment the matter was take up by the Amins before this Court and their grievance was that the appellants herein were number parties to the writ petition but the benefits which had accrued in their favour by the order of the learned Single Judge in different cases were sought to be taken away by the impugned judgment and this Court after hearing both parties at length passed a detailed order and remitted the matter back to the High Court of Calcutta.
W I T H A.No.
Aggrieved against this direction the State Government has filed Special Leave and aggrieved by the other part of order the private parties have filed Special Leave.
The companytroversy with regard to the issue whether the Amins and the Surveyors discharge similar duties and therefore the Amins should be treated equivalent to the Surveyors started with the first litigation initiated in the High Court of Calcutta by filing of a petition by one Md. Anwarul Haque others being Civil Rule No.3469 W of 1982 and the other by Abdul Bari others being Civil Rule No.3470 W of 1982, which were disposed of by order dated June 6,1985 by learned Single Judge, Justice Subhas Chandra Sen as he then was .
and ii Can the benefits received by a section of Amins who had moved this Court earlier in several writ petition and were drawing higher scale of pay than that recommended by the successive Pay Commissions pursuant to orders passed in such writ petitions be withdrawn in the event it is held in these two writ petitions that Amins are number entitled to the same scale of pay as Surveyors working in the different departments of the State Government ?
C.R.3469 W of 1982 and Abdul Bari Ors.
K. MATHUR, J. All these appeals raise companymon question of law, therefore they are disposed off by this companymon order.
The questions involved in all these appeals are i Whether the Amins and Surveyors discharge the same duties or number ii Whether the Amins are entitled to the same pay scale i.e. Scale No.9 of Surveyors and iii What is the effect of various decisions of the High Court of Calcutta passed from time to time in favour of the Amins treating them equivalent to that of Surveyors and allowing them pay scale No.9.
