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PETITIONER: STATE OF WEST BENGAL & ORS.

       Vs.

RESPONDENT: TROPICAL SCHOOL EMPLOYEES’ UNION & ORS.

DATE OF JUDGMENT:       21/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. NANAVATI G.T. (J)

CITATION:  JT 1996 (4)   237        1996 SCALE  (3)397

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  We have  heard learned  counsel on both sides.      This appeal  by special  leave arises from the order of the Division  Bench of  the Calcutta High Court dated August 27, 1993  made in FMA No. 211/91 confirming the order of the learned single  Judge dated  January 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 time  was run by a charitable institution. Later it, was run for  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 the Government constituted separate cadres of the  staff working  in the institute. We are concerned in this appeal  with two  cadres, namely,  nonmedical 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 give to the non- gazetted teaching staff UGC scales and other staff continued 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 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  UGC  pay scales to  the respondents. On appeal it was confirmed. Thus

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this appeal by special leave.      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  sanctioned  in  the      Directorate of  Health Services and      Director,   School    of   Tropical      Medicine, Calcutta  shall also  fix      from time  to time  the strength of      the two  cadres in  accordance with      the principles  laid  down  in  the      relevant Government order.      It would  thus be  clear that the respondents belong to two cadres  C and  D and  having become Government servants, they are entitled to draw the scale of pay prescribed by the Government for  the posts in C and D cadres. The question is whether they are entitled to the pay scales of the UGC.      Shri M.N.  Krishnamani, learned  senior counsel for the respondents contented  that the teaching staff are receiving the scale  of pay  prescribed by the UGC and the respondents are assisting  the  teaching  staff.  When  similar  persons working in  the universities  are receiving  the pay  scales prescribed by  the UGC,  the respondents  are  also  equally entitled to  the same.  We fail to appreciate the stand. The employees  of   the  universities  are  not  the  Government servants. They  are governed  by their  own regulations  and statutes under the respective enactments. The respondents on their own  admitted position  being the Government servants, cannot get higher scale of pay than prescribed for the post. Under  those   circumstances.  the  High  Court  was  wholly unjustified  in   extending  the   benefit  of   pay  scales prescribed by  the UGC to the non-teaching medical staff and also to Class-IV Government employees.      The appeal  is accordingly  allowed. The  order of  the High Court in the appeal as well as the learned single Judge stand  set  aside.  Consequently  the  writ  petition  stand dismissed. No costs.