STATE OF WEST BENGAL AND ORS. versus SRI DEB KUMAR MUKHERJEE AND ORS.

Citation: [1995] 2 S.C.R. 1122 · Decided: 27-03-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
STATE OF WEST BENGAL AND ORS. 
v. 
SRI DEB KUMAR MUKHERJEE AND ORS. 
MARCH 27, 1995 
B 
[KULDIP SINGH AND B.L. HANSARIA, JJ.] 
Service Law 
State of West Benga"}-Jfousing Department-Inspectors-Bifurcation of 
C cadre into Grade-I given higher scales and to be filled by promotion from 
amongst Grade-II posts-Categorisation of Inspectors held valicf-/nspectors 
of Housing Department-Claim for parity in pay scales with Inspectors of 
Animal Husbandry Department-Held not maintainable. 
D 
Principle of 'equal pay for equal work'-Applicability of. 
By an order dated June 4, 1965 the appellant-State bifurcated that 
cadre of Inspectors in the Housing Department into two grades i.e. Inspec-
tors Grade-I and Grade-II. Under the order, 20% of the posts in the cadre 
were converted into grade-I posts which were to be filled up by promotions 
E .from amongst grade·II Inspectors. The Three Pay Commissions examined 
tbe revision of pay-scales of various cadres in the State of West Bengal 
·and keeping in view the recommendations of these Pay Commissions the 
appellant-State decided to maintain the two grades in the Cadre of Inspec· 
tors. The respondents filed a writ petition before the High Court challeng-
F ing the decision of the State Govt. contending that(i) maintenance of two 
grades in the cadre of Inspectors was violative of equal pay for equal work; 
and (ii) they were entitled to the pay scale of Rs~5-1050 drawn by 
Inspectors in the Animal Husbandry Department b cause Inspectors in 
both the Departments were performing almost iden ical duties. 
G 
The High Court struck down the categoris 'ion of Inspectors hold· 
ing that the categorisation of Inspectors violate the principle of 'equal 
pay for equal work' and further directed that 
spectors in the Housing 
Department be given the pay scales drawn b Inspectors in the Animal 
Husbandry. Department. Against the judgment of the High Court, State 
H preferred an appeal before this Court. 
1122 
\ 
f 
STATE v. DX MUKHERJEE tKULDIP SINGH, J.) 
1123 
Allowing the aiJpeal and setting aside the judgment of the High A 
Court, this Court 
HELD : 1. The High Court, in its writ jurisdiction, was not justified 
in reaching the findings different than that of the Pay Commissions. 
[1126-F] 
2. The High Court fell into patent error in setting aside the classifica-
tion on the ground of discrimination. There is no infirmity in up-grading 
20% of the posts in the cadre to be filled up from amongst the senior and 
meritorious members of the cadre. The duties performed by the Inspectors 
B 
in the two grades may be the same, but no fault can be found with the 
classification. Classification in the cadre on the ground of selection based C 
on merit is permissible. (1126-.\ 1125-G] 
3. There is nothing common in the Housing Department and the 
Animal Husbandry Department. The two departments stand apart. Neither 
the judgment of the single Judge nor that of the Divisions Bench indicates D 
any factual material to show that the duties of the Inspectors in the two 
departments are similar. The reasoning and the findings of the High Court, 
on the face ofit, are untenable and cannot be sustained. (1126-D] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5304 of 
1993. 
From the Judgment and Order dated 20.7.92 of the Calcutta High 
Court in A. No. 16A of 1991. 
Tapas Ray, Dilip Sinha and J.R. Das, with him for the App~llant. 
E 
A_ _ Dr. Shankar Ghosh, S.K. Banerjee and P.K. Chakraborty with them 
~r 
the Respondents. 
F 
'T 
The following Judgment of the Court was delivered by 
KULDIP SINGH J. The Calcutta High Court, in the impugned 
judgment, has struck down the categorisation of Inspectors in the Housing G 
Department as Grade-I and Grade-II, on the ground that it violated the 
principle of 'equal pay for equal work'. The High Court further directed 
that the Inspectors in the Housing Department be given the pay-scale 
which was being drawn by the Inspectors in the Animal Husbandry Depart-
ment of the Government of West Bengal. This appeal by the State of West H 
1124 
SUPREME COURT REPORTS 
[1995] 2 S.C.R. 
A Bengal is against the judgment of the High Court. 
B 
c 
D 
E 
We may briefly state the necessary facts. The Government of West 
i1 
Bengal by order dated June 4, 1965 bifurcated the cadre of Inspectors in 
the Housing Department into two grades. The said order is reproduced 
hereunder: 
"I am directed to say that the question of improvement in the 
prospects of promotion of the Ins

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