of West Bengal & Ors Vs. Tropical School Employees' Union & Ors  INSC 431 (21 March 1996)
K.Ramaswamy, K.Nanavati G.T. (J)
JT 1996 (4) 237 1996 SCALE (3)397
O R D
have heard learned counsel on both sides.
appeal by special leave arises from the order of the Division Bench of the
Calcutta High Court dated August 27, 1993
made in FMA No. 211/91 confirming the order of the learned single Judge dated January 20, 1987 made in C.R.No.16484/84. The
admitted facts are that the Carmichael Institute for Tropical Diseases in Calcutta, West Bengal at one time was run by a charitable institution. Later it,
was run for some time as a private institute under a scheme framed by the
Government in 1949. Subsequently; on March 4, 1971 the Government had taken over the
institute w.e.f. April
1, 1971. The service
conditions of these employees were treated on par with the Government servants.
On February 15, 1973 the Government constituted separate
cadres of the staff working in the institute. We are concerned in this appeal
with two cadres, namely, nonmedical technical staff and class IV staff.
Regarding pay scales of the institute the Government had referred the matter to
the second Pay Commission. In 1981, pursuant to the recommendation made by the
second Pay Commission which was partly accepted the Government decided to give
to the non- gazetted teaching staff UGC scales and other staff continued to be
paid on par with the Government staff as before. It would appear that the other
staff made a representation to the Government. The Government carefully
considered that representation and on July 9, 1984 it decided that UGC pay scales as
enjoyed by the employees of the seven universities of the State cannot be
granted to group C and group D employees of the institute. Subsequently, the
respondents came to file their writ petition. It transpires from the record
that the Government had not contested before the learned single Judge.
Therefore, the learned single Judge allowed the writ petition and directed to
grant UGC pay scales to the respondents. On appeal it was confirmed. Thus this
appeal by special leave.
not in dispute that the Government had treated the respondents as Government
servants and Pay Commission rejected payment of the pay scales prescribed by
the UGC to the non-medical technical staff and class IV employees. It is an
admitted position that a Government servant is bound by the pay scales
prescribed for the employees of the State.
pursuant to the options called for, the respondents had opted to become
Government servants. In the resolution of the Government dated February 16, 1973 it was stated as under:
posts of Non Medical Technical Personnel and Class IV staff as indicated in
Appendix I Appendix II shall constitute separate cadres for the School of
Tropical Medicine, Calcutta and its attached institutes on the same principles
as are applicable in matters of recruitment, promotion, etc. to similar cadres
sanctioned in the Directorate of Health Services and Director, School of
Tropical Medicine, Calcutta shall also fix from time to time the strength of
the two cadres in accordance with the principles laid down in the relevant
would thus be clear that the respondents belong to two cadres C and D and
having become Government servants, they are entitled to draw the scale of pay
prescribed by the Government for the posts in C and D cadres. The question is
whether they are entitled to the pay scales of the UGC.
M.N. Krishnamani, learned senior counsel for the respondents contented that the
teaching staff are receiving the scale of pay prescribed by the UGC and the
respondents are assisting the teaching staff. When similar persons working in
the universities are receiving the pay scales prescribed by the UGC, the
respondents are also equally entitled to the same. We fail to appreciate the
stand. The employees of the universities are not the Government servants. They
are governed by their own regulations and statutes under the respective
enactments. The respondents on their own admitted position being the Government
servants, cannot get higher scale of pay than prescribed for the post.
those circumstances. the High Court was wholly unjustified in extending the
benefit of pay scales prescribed by the UGC to the non-teaching medical staff
and also to Class-IV Government employees.
appeal is accordingly allowed. The order of the High Court in the appeal as
well as the learned single Judge stand set aside. Consequently the writ
petition stand dismissed. No costs.