STATE OF WEST BENGAL AND ORS. versus TROPICAL SCHOOL EMPLOYEES UNION AND ORS.

Citation: [1996] 3 S.C.R. 769 · Decided: 21-03-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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r 
STATE OF WEST BENGAL AND ORS. 
A 
v. 
TROPICAL SCHOOL EMPLOYEES' UNION AND ORS. 
MARCH 21, 1996 
[K. RAMASWAMY AND G.T. NANA VAT!, JJ.] 
B 
Se1vice Law : 
Pay-Claim for padty-Cam1id1ael Institute for Tropical Disease . .--
Takeover by Government-Constitution of separate cadres of staff of the C 
Imtitute-Govemment partly accepting the recommendation of Second Pay 
Commission taking decision to give the 11011-gazetted teaching staff U.G.C. 
Scales-Other staff viz. non medical tee/mica/ staff and class IV staff falling 
in Group C and D co111inued to be paid 011 par with Government staff-Claim 
by Group C a11d D staff for UGC pay scale-Wdt--<Jrant of claim by High 
Court-Appeal by State-Heid the High Court was wholly unjustified in D 
exte11ding the benefit of pay scales prescdbed by the UGC to the non-teac/1i11g 
medical staff and also to Class-IV Govemment employees. 
CIVIL APPELLATE JURISDICTION: Civil, Appeal No. 5383 of 
1996. 
From the Judgment and Order dated 27.8.93 of the Calcutta High 
Court in F.M.A. No. 211 of 1991. 
E 
Tapas Ray, A. Bhattacharjee and B.R. Talukdar for the Appellants. 
M.N. Krishnamani, Abhijit Sen Gupta, J.P. Singh, B.S. Jain and Mrs. F 
V.D. Khanna for the Respondents. 
The following Order of the Court was delivered. : 
Leave granted. We have heard learned counsel on both sides. 
This appeal by special leave arises from the order or the Division 
Bench of the Calcutta High Court dated August 27, 1993 made in FMA 
No. 2111/91 confirming the order of the learned single Judge dated January 
G 
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 H. 
769 
770 
SUPREME COURT REPORTS 
[1996] 3 S.C.R. 
A 
time was run by a charitable institution. Later it, was run 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 
B the Government constituted separate cudres of the stuff working in the 
institute. We are concerned in this appeal with two cadres namely, non-
medical 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 
C give to the non-gazetted teaching staff UGC scales and other staff con-
tinued 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 
D 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 U GC pay scales to 
the respondents. On appeal it was confirmed. Thus this appeal by special 
E leave. 
F 
G 
H 
It is 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. In fact 
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 : 
"The 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 sanc-
tioned in the Directorate of Health Services and Director, School 
., 
'( 
STATEv. TROPICAL SCHOOL EMPLOYEES UNION 
771 
of Tropical Medicine, Calcutta shall also fix from time to time the A 
strength of the two cadres in accordance with the principles laid 
dowo i

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