Fishery Officers Association, West Bengal & ANR Vs. State of West Bengal
& ANR  INSC 333 (21 March 1997)
RAMASWAMY, K.T. THOMAS
O R D
E R This special leave petition arises from the order of the Administrative
Tribunal, Calcutta, made on December 12,1996 in case No. TA- 268/96. the
petitioners had a dialogue with the Government of West Bengal to revise the
service conditions of the employees in the Fishery Department , namely,
Assistant Fishery officers, Fishery Extension Officers etc. w.e.f April 1, 1961. There was an agreement reached
between the Government and the Union of the
first petitioner. Subsequently the Government have issued orders giving all the
benefits except the monetary benefits from April 1, 1961 to April 1, 1981 Prospectively.
petitioners have filed the petition in the Tribunal seeking direction for
payment of arrears on the premise that it was tripaartite agreement and,
therefore, the Government is bound by the undertaking given in the agreement.
The Tribunal has perused the record and stated thus, "It appears from the
documents on record that the Finance Department was a party not a to such
decisions. Nor does it appear that subsequently concurrence of the Finance
Department was obtained in this connection. Besides , it does not appear that
the decision were translated in to any formal Government order. Be that as it
may, it will not proper to grant such financial benefits in favour of Assistant
Fishery Officers, Fishery Extension officers, etc.
effect from 1.4.1961 while while other actions of the Government where to take
effect only from 1.4.1981" In view of the above finding and in view of the
policy decision taken by the Government, it cannot be said that the decision of
the Government is arbitrary. No direction can be given to the Government to
grant the monetary benefits contrary to its policy which falls within the realm
of the executive policy decision.
special leave petition is accordingly dismissed.
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