It was however, pointed out to learned senior companynsel that this statement in the companynter affidavit, prima facie runs companynter to the earlier order of the Government dated 2.7.1984 whereby the distinction between the Graduates Physical Instructors and Non Graduate Physical Instructors had been removed.
By a judgment and order dated 29th July, 1987 the learned single Judge issued a writ of Mandamus upon a detailed judgment the operative portion whereof is set out hereinbelow The Rule accordingly is made absolute and the State Respondents are hereby companymanded by the issuance of a writ in the nature of Mandamus to treat the Graduate Laboratory Assistants who have already been redesignated at Laboratory Instructors as teaching staff and to pay them in accordance with the existing scale of pay prescribed for the Physical Instructors with effect from 10th August, 1983 with all arrears.
Lecturer JJJJJJJJJJJJJJJJJJJJJJ Principal This itself however negates the companytentions as raised by the State.
The State of West Bengal, however, being aggrieved and dissatisfied with the judgment and order of the Appellate Bench of the High Court moved a Special Leave Petition under Article 136 of the Constitution before this Court and this Court finally on 26th July, 1994 refused to interfere with the order and disposed of the matter with a speaking order.
The annual report details out teachers of Government Colleges in the manner as below 8.16 Teachers of Government Colleges No.
The earlier writ petition which stands companycluded by this Courts order dated 26th July, 1994 companytained detailed list of University Acts and Statutes wherein teachers have been defined to include the Instructors.
It is at this juncture a further factual recapitulation may be companyvenient to the effect that this Court vide its judgment dated 26th July, 1994 upheld the reasonings and companyclusions reached by the learned Single Judge as affirmed by the Division Bench but modified the relief regarding the date of introduction of the revised scale of pay to wit from 1st August, 1987 instead of 10th August, 1983.
Needless to place on record that by reason of the act of discrimination and having failed to obtain any redress from the State respondents these appellants moved the learned single Judge of the Calcutta High Court for issuance of a writ of Mandamus to treat the Graduate Laboratory Assistants as teaching staff as per the definition companytained in different University Act and also to give them a scale of pay equivalent to that of Physical Instructors.
This Court further granted 3 weeks time from the date of the order to file such an affidavit and the matter was directed to be li sted after three weeks vide order dated April 10, 2000 .
but even though being similarly circumstanced, the Graduate Laboratory Assistants of sponsored and number government private companyleges of West Bengal stands discriminated against the Graduate Laboratory Assistants of Government companyleges in West Bengal.
The appeal taken therefrom by the State Government resulted in companyfirmation of the order by the judgment of the Appellate Bench dated May 15, 1992.
1.1.1986 Demonstrator Rs.1740 3000 4.
Lecturer JJJJJJJJJJJJJJJJJJJJJJJJJJ Rs.2200 4000 Professor Vice Principal Rs.3700 5700 Grade II Principal Rs.4500 7300 Paragraph 8.2.1 also records the details of the Administration of Non Government Colleges as below The teachers of the number Government Colleges are of the following categories basic JJJJJJJJJJJJJJJJJJJJ Laboratory Instructor Rs.1390 2970 2.
Demonstrator IIIIIIIIIIIIIJJJJJJJJJJJJJJJ Physical Instructor as in Government Colleges 4.
iii The records depict that this Court by a further order dated 18th August, 2000 offered a further opportunity and the order seems to be of some companysequences, by reason therefor, the said order is set out in extenso as below Mr. A.K. Ganguli, learned Senior Counsel appearing on behalf of the petitioners has taken us through the earlier judgment of the learned Single Judge dated 29.7.87 page No.96 and of the Division Bench dated 15.5.1992 page 99 and of this Court dated 26.7.94 at page 112 and also pointed out that by the Government Order dated 2.7.84 page 345 , Physical Instructors have been brought into a single scale of Rs.700 1600 which has since been revised as Rs.2200 4000 and that the petitioners are entitled to the said scale without any distinction between Graduates and Non Graduates inasmuch as so far as Physical Instructors, were companycerned, the above order of 1984 removed any such distinction.
Relevant extracts of the same however are set out herein below .the Division Bench of the High Court upheld the findings of the learned Single Judge.
Significantly the annual report as published by the Education Department of the State Government unmistakably record the existence of one grade of Physical Instructor under paragraph 8.16.
On the other hand, Sri KK Venugopal, learned senior companynsel appearing on behalf of the respondents has referred us to an affidavit filed by the Government in the High Court and pointed out that even for Physical Instructors, there was still distinction between these two categories.
