STATE OF WEST BENGAL versus SUBAL CHANDRA DAS AND ORS.

Citation: [1995] SUPP. 5 S.C.R. 473 · Decided: 17-11-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

STATE OF WEST BENGAL 
v. 
SUBAL CHANDRA DAS AND ORS. 
NOVEMBER 17, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
Se1vice Law : 
West Bengal Se1vice Rules-Scales of payMuharrirs, feeder post to 
LDC-Fused into post LDC-lntennedia1y scale of pay between LDC and 
UDC granted by the High Cowt-Validity of 
The posts of Muharrirs, though initially feeder posts to the Lower 
Division Clerks, due to Court orders and recommendation made by the 
Pay Commission, were redesignated as LDCs and fused into the posts of 
A 
B 
c 
LDCs. 
D 
On the question whether the erstwhile direct recruit LDCs would be 
entitled to higher scale of pay than that of the promoted LDCs. The High 
Court directed that the pay scales of LDCs and UDCs should be higher 
than the pay scales granted to the Moharrirs for the corresponding 
periods from 1.4.1970. Accordingly, an intermediary scale of pay between E 
LDC and UDC to the erstwhile direct recruit LDCs was created Against 
this, the State Government had preferred the pre~ent appeal. 
Allowing the appeal, this Court 
HELD : 1. Once Moharrirs have been redesignated as LDCs and F 
fused into the category of LDCs all become a class. It would appear that 
in an earlier litigation filed by the parties, inter se promotion between the 
Moharrirs and LDCs as UDC was considered and the High Court in a writ 
petition had directed the Government to prescribe 1:1 ratio between 
Moharrirs and LDCs. for promotion' to the post of UDCs. The State G 
Government had acted upon and issued rules in that behalf. Therefore, 
each source, until exhausted, has channel of promotion to the UDC within 
their respective 50% quota. [476-H; 477-A-B] 
2. On the Moharrirs being integrated as LDCs., no further distinc-
tion or discrimination in the scale of pay or promotion chances between H 
473 
474 
SUPREME COURT REPORTS (1995] SUPP. 5 S.C.R. 
A Moharrirs and the direct recruit LDCs. is maintainable. All are now en-
titled to get the same scale of pay and other service benefits. It would appear 
that in some instances some of the Moharrirs, due to length of service, are 
getting higher pay. In fixing their scale of pay as LDC, their previous higher 
pay due to increments was needed to be protected as special pay and seems 
B 
c 
D 
to be subject matter of litigation pending before the High Court. Therefore, 
this Court need not go into that question. [477-B-D] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11566 of 
1995. 
From the Judgment and Order dated 3.9.93 of the Calcutta High 
Court in Matter No. 6332 of 1988. 
M.P. Verma and Tapas Ray, .T. Kar Rathin Das, R. Mukherjee, 
Goodwill Indeevar, Ms. Dipti Choudhary and Amarendra Nath Dawn for 
the appearing parties. 
The following Order of the Court was delivered : 
Leave granted. 
This appeal by special leave arises from the Division Bench .Tudg-
E 
ment dated 3rd September, 1993 the Calcutta High Court in Matter No. 
6332 of 1988. Admitted facts are that "Moharrir" in the Collectorate of 
Nadia etc. was initially a feeder post for promotion to the post of Lower 
Division Clerk. Subsequently, due to spate of litigation Moharrirs were 
redesignated as Lower Division Clerks. The First Pay Commission had 
recommended in this behalf thus : 
F 
G 
"The scale of pay of Lower Division Clerk is Rs. 125-200 and that 
of Moharrir Rs. 100-140. It has been recommended elsewhere the 
existing posts of Moharrirs should, as far as possible, be converted 
into posts of Lower Division Clerks. The revised scale recom-
mended for these posts is the. revised scale recommended for 
Lower Division Clerks in District Officers." 
Acting thereon, the Government issued two orders. After considera-
tion of order dated January 18, 1988, the Government decided that the 
pay-scale of Muharrirs, working in the Regional Officers under the Irriga-
H tion and Waterways Department and in the Regional offices of the Land 
' 
) 
STATE v. S.C. DAS 
475 
and Land Reforms Department, would be revised from Rs. 180-350 to Rs. A 
230-425 with effect from 1.4.70 subject to the condition that there would 
be no arrear adjustment of salary prior to February 1978 and that their pay 
in the revised scale of Rs. 230-425 would be fixed under the provisions of 
WBS (ROPA) Rules, 1970. 
Another order dated December 13, 1989 reads as under : 
"The Governor has been pleased to decide that all the existing 
posts of Moharrirs, L.R. Act Moharrirs and Copyists held by a 
person having passed in School Final or its equivalent as th
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