TMI Blog1991 (2) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 10303.F, Dated the 19th November, 1974. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the following amendment shall be made in the West Bengal Services (Revision of Pay and Allowance) Rules, 1970, Published with Finance Department Notification No. 5212,F, dated the 30th December. 1970, as amended from time to time, namely: AMENDMENTS In Schedule I, Part-B, to the said rules, the following amendments shall be made: 1. In the cadre of Assistant Engineers under different Departments, the Intermediate Selection Grade shall be at 15 per cent of the Cadre in the scale as shown in Column (3) of the Schedule. II. In departments/offices having services/posts as shown in Column (i) in the scale as shown in Column (2) of the Schedule, there shall be no Intermediate or New Selection Grade as the case may be at 10 per cent of the services/posts (except in the cadre of Assistant Engineer) in the scale as shown in Column (3) of the Schedule. III. From 1st August 1974, the New/Intermediate Selection Grade shall be raised to 15 per cent, from 10 per cent. IV. (i) Sub-Assistant Engineers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 475-30-685-35-1000- 50-1150, with selection grade for 5 per cent of the cadre on 1150-50-1350. 25-50-875-60-1415. ii) Executive Engineer 825-50-875- 60-1475. 1535-60-1775. iii) Sub-Assistant Engineer 300-10-430-15-600 with higher initial start at ₹ 330/-. 560-20-700-25- 825(a). The respondents in Civil Appeal No. 1196 of 1986 and the respondents in the other Civil Appeal arising out of S.L.P. (Civil) No. 5298 of 1987 are diploma holder engineers employed in various departments of the Government of West Bengal in the post of Operator-cum-Mechanics/Electricians etc. in the scale of pay of ₹ 230-425. These respondents filed two writ petitions bearing No. C.R.. Nos. 6053 (W) of 1978 and C.R. No.6593(W) of 1978 before the High Court of Calcutta, claiming that by virtue of sub-para (ii) of Para IV of the Notification No. 10303.F dated 19th November, 1974, the writ petitioners who are diploma holders in engineering are to be termed as Sub- Assistant Engineers and give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 1974 that is to say from 1st of March, 1974 as Sub-Assistant Engineers though they are, in fact, not engineers. That in my opinion, is clear from the language used. The learned single Judge noticed that the history preceding the Notification supported the clear language used and persons holding different positions became by virtue of the Notification entitled to be termed as Sub-Assistant Engineers irrespective and independent of whether by fortuitous circumstances some of the incumbents who got the benefits of the said Notification are also qualified engineers. Accordingly, it was held that the writ petitioners come within the purview of the Notification for purpose of the the pay-scale and the rule was made absolute. The State Government carried the matter in appeal. The Division Bench of the High Court vide judgment and order dated 19.4.1985, however, affirmed the judgment while holding that sub-para (ii) of Para IV of the Notification dated 19.11.1974 cannot be construed to include the Operator-cum-Mechanics/Electricians who are holders of diploma in engineering and drawing the scale of pay of ₹ 230-425. The appeal was dismissed with the observation that the writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions by the Punjab High Court would not be disturbed and that those three successful petitioners would be entitled to retain the advantages which they had secured by the decision in their favour not being challenged by an appeal being filed. That however would not help the present respondent who would be bound by our judgment in this appeal and besides, so far as the general law is concerned as applicable to everyone other than the three writ petitioners (who would be entitled to the benefit of decisions in their favours having attained finality), the law will be as laid down by this Court. We therefore overrule the preliminary objection. It appears that this pronouncement was not noticed in Cornelius case (supra) where the facts were also not identical. We have, therefore, no hesitation in overruling the preliminary objection. The appellants, in our opinion, cannot however, succeed on the merits. The basis of the respondents claim is that they are diploma holder engineers who are to be designated as Sub-Assistant Engineers for the purpose of the revised pay-scale by virtue of the Notification dated 19th November, 1974. The learned single Judge had construed the expression ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termed as Sub- Assistant Engineers. It has been contended for the appellants that by construing the Notification as including Operators-cum- Mechanics in the lower time scale as Sub-Assistant Engineers and giving them a higher scale, there would be a division amongst the Operators-cum-Mechanics in the matter of their pay-scale and such an anomly would not have been contemplated by the rule makers. There is no force in this contention. It is well-settled that difference in pay of employees belonging to the same cadre post or educational qualification is constitutionally valid and permissible and is not violative of Articles 14 and 16 of the Constitution. The post of Sub-Assistant Engineer is a direct recruitment post. It appears that the Division Bench assumed that the post of Sub-Assistant Engineers were ultimately a promotional post for the Operators-cum-Mechanics through intermediary promotions in intermediary grades. This is incorrect. Under the Rules, the post of Sub-Assistant Engineers is not at all a promotional post for any categories of employees in the State, on the contrary, it is a direct recruitment post. It is not contested that 17 other employees similarly placed a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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