STATE OF WEST BENGAL AND ORS. versus MADAN MOHAN SEN AND ORS.

Citation: [1993] 1 S.C.R. 397 · Decided: 03-02-1993 · Supreme Court of India · Bench: K. JAYACHANDRA REDDY · Disposal: Appeal(s) allowed

Judgment (excerpt)

i--· 
~ 
.J.. . 
STATE OF WEST BENGAL AND ORS. 
v. 
MADAN MOHAN SEN AND ORS. 
FEBRUARY 3, 1993 
[K JAYACHANDRA REDDY AND B.P. JEEVAN REDDY, JJ.) 
Constitution of India, 1950--;4.rticles 14 and 16--;4.gragami of West 
Bengal Civil Emergency Force and Fireman and leaders of West Bengal Fire 
Service -whether situated similarly-£qual pay on equal work, whether ap-
plicable. 
Civil Service-West Bengal Civil Emergency Force-Post of Agragami 
-Claim for higher pay scale at par with the Fireman and Leaders in the West 
Bengal Fire Service -Legality of-£qual pay for equal work -,4pplication of 
The respondents in this Civil Appeal were working as Agragamies. 
They filed Writ Petitions before the High Court, claiming that, since they 
were similarly placed to the Firemen and Leaders in the West Bengal Fire 
Service, they must be given the same pay scale as was admissible to the 
said Firemen and Leaders. The State Government denied the claim on the 
ground that the duties and functions performed by the respondents and 
the Firemen and leaders were totally different and distinct • 
The Writ Petition was allowed by a Single Judge. The Government 
preferred an appeal before the Division Bench of the High Court. 
The Division Bench, on a comparison of the academic qualifications 
A 
B 
c 
D 
E 
and physical requiremenis found that the · ~ies were in no way F 
differently situated from the Firemen/Leaden ID the West Bengal Fire 
Service and that the Agragamies performed more onerous duties and thus 
their claim for higher pay Scale was perfectly just and proper. Affirming 
the decision of the Learned Single Judge, the Division Bench dismissed the 
Writ Appeal. 
G 
The State filed tire present Appeal by Special Leave challenging the 
. ..! 
Judgment of the DiviSIOO Bench of the High Court, contending that the 
Agragamies and Firemen/Leaders in The Fire Service Department of West 
Bengal were not similarly situated in the matter of recruitment, conditions 
of setvlceaad duties and responsibilities discharged, that the Fire-fighting H 
397 
398 
SUPREME COURT REPORTS 
(1993) 1 S.C.R. 
A training given to the Agragamies was in no way similar to the one imparted 
to Firemen/Leaders. That the Services of Agragamies were indented upon 
by the Fire Sen·ices Department only in times of emergency or acute need 
and as such they could not be equalled with other categories in these 
departments that the Pay Commission had prescribed a lower pay Scale 
B for the Agragamies which was neither discriminatory nor it amounted to 
treating equals unequally. 
Respondents submitted that in fact Agragamies performed more 
onerous duties than firemen/leaders and they do not lag behind in the 
matter of academic qualification or physical requirements for recruitment, 
C that having regard to the nature of duties and responsibilities performed 
. by them the Agragamies were justly entitled to the higher scale granted to 
them by the High Court. 
Allowing the appeal, this court, 
D 
HELD : 1.01. It would be evident from a comparison of. the nature 
of duties, responsibilities and functions of the Agragamies and 
Firemen/Leaders of Fire Service Department that they are neither same or 
similar. The firemen and leaders are the members of the Fire Service 
Department whereas the Agragamies are members of West Bengal Civil 
E Emergency Force meant as an auxiliary force to assist the various Govern· 
ment departments and agencies in times of emergency and acute need. No 
.,..L.. 
doubt they are also members of a Government Service and they too have 
to report to their office and be available for ~uch duties as they may be 
called upon to perform, but it would not be correct to say that they perform 
the same or similar duties as that of Firemen or Leaders of the Fire Service 
F 
Department. [403G-H, 404A) 
1.02. There is hound to be.a difference in the quality of Fire righting 
. ,....._ 
job of both of them. Firemen and leaders are a specialised fire fighting 
force while the Agragamies are, so to speak 'jacks of all trades' having been 
G given elementary training in various fields. When called upon to assist, 
Agragamies assist .fire-fighting personnel including firemen and leaders 
just as they assist personnel of other department. It is idle to contend that 
they perform the same duties and functions as firemen/leaders. (4048-C) 
1.03. Merely because the academic qualification and physical re· 
H quirement of both are similar or that the Agragamies are als

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