STATE OF WEST BENGAL AND ORS. versus ANAL KUMAR GHOSH AND ORS.

Citation: [1995] 2 S.C.R. 391 · Decided: 28-02-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

STATE OF WEST BENGAL AND ORS. 
A 
¥ 
v. 
~ 
ANAL KUMAR GHOSH AND ORS. 
FEBRUARY 28, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
B 
/ 
Service law-West Bengal Service Rules Part-I-Rule 76-Govt. 
I 
Memorandum No. 10606-F dated September 25, 1978-West Bengal 
""( 
(Revision of Pay and Allowances) Rules, 1981-Compulsory Retire- c 
ment-Govemment employees who are in Group 'C' service prior to introduc-
tion of 1981 Rules-Not entitled to the benefit of being retained in service upto 
the age of 60 years. 
The respondents were initially appointed as Peons in the Excise. 
Department of the West Bengal Government in the year 1970. Consequent D 
to the revision of scale of pay, the Government by its Memorandum dated 
1 
September 25, 1978 while classifying all the employees as Group 'A' to 'D' 
enumerated that those employees drawing the pay or scale of pay with a 
maximum of Rs. 500 but above Rs. 230 would be Group 'C' employees. The 
respondents opted for the above conditions. Consequently, they were draw-
E 
ing a scale of pay above Rs. 230. The respondents were served with a notice 
of retirement at the age of superannuation of 58 years, which they chal-
lenged as invalid and illegal alleging that by operation of para 2 of the 
Memo of the Governor issued on 19.2.1985, they were entitled to be 
--< 
retained in service upto the age of 60/65 years, as the case might be under 
Rule 76 of the West Bengal Service Rules Part-I. Their Writ Petition Was F 
allowed and the notices were quashed . 
. ___/~ 
In this Court, the appellants contended that by operation of the 
conditions imposed while effecting revision of scale of pay in 1971, as opted 
by the respondents, they ceased to be in Group 'D' service w.e.f. 1971. It G 
was alleged that the clarification issued by the Governor in the 1985 Memo 
was not applicable in this case as it would apply only to such of the 
--
employees in group 'D' service who continued to be so on the date the West 
Bengal (Revision of Pay and Allowances) Rules, 1981, came into force. The 
respondents not continuing as Group 'D' service from 1971 were not 
entitled to the benefit of the Memo. 
H 
391 
392 
SUPREME COURT REPORTS 
[1995) 2 S.C.R. 
A 
The respondents sought to draw a distinction between scale of pay 
B 
and the pay and stated that as on April 1971 and after the 1981 revision 
they drew their pay below Rs. 230 therefore, they were 'entitled to be 
retained in service till the age 60. 
Allowing the appeal, this Court 
HELD: The respondents opted to be in Group 'C' employees in 1971 
as they were in the scale of pay above Rs. 230. Thus in 1971 they were in 
Group 'C' service for the purpose of compulsory retirement. In 1981 they 
were no longer in Group 'D' service so as to entitle them to remain in 
C service till they attained the age of 60 years. The benefit given only to the 
employees who were continuing as Group 'D' employees on the day 1981 
Revised Pay Scales Rules 1981 had come into force. Such employees in 
Group 'D' who did not cross over by promotion to Group 'C' service, 
though were drawing higher scale of pay were entitled to the benefit of 60 
years rule. The respondents did not belong to that limited class. Therefore, 
D they were not entitled for the benefit of 1981 Rules or the Amendment 
Rules or Uie Governor's Memo. (394-F-H] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. "404:-4405 • 
of 1995. 
E 
From the Judgment and Order dated 5.2.93 & 1.8.94 of the Calcutta 
High Court in F.M.A.T. No. 425/92 & 683 of 1994. 
N.S. Hegde, M.P. Verma, Dillip Sinha, J.R. Das, Ms. Dipti 
Chowdhary, Amarendra Nath Dawn and A. Bhattacharjee for the Appel-
F lants. 
G 
L.C. Behari, Parijat Sinha, B.D. Ahmed, Ms. Suchandra Mukherjee 
for Lawyers Associated for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
Admittedly, the respondents were initially appointed as Peons in the 
Excise Department of the West Bengal Government. Thereafter, their 
posts were converted into Excise Constables· and they continued as Excise 
H Constables. In the year 1970, consequent to the revision of scale of pay, 
\ 
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I 
I 
STATEOFW.B. v.AKGHOSH 
393 
the Government by its Memorandum No. 10606-F dated September 25, A 
1978, while classifying all the employees as Groups 'A' to 'D', have 
enumerated in respect of Group 'C' that those employees drawing the pay 
or a scale of pay with a maximum of Rs. 500 but above Rs. 230 would be 
Group 'C' employees. The options have been
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