STATE OF WEST BENGAL AND ORS.versusTROPICAL SCHOOL EMPLOYEES UNION AND ORS.

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                         STATE OF WEST BENGAL AND ORS.                                A
                                              v.
                TROPICAL SCHOOL EMPLOYEES' UNION AND ORS.

                                     MARCH 21, 1996

                     [K. RAMASWAMY AND G.T. NANAVAT!, 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.

r               CIVIL APPELLATE JURISDICTION: Civil, Appeal No. 5383 of
        1996.
                                                                                      E
             From the Judgment and Order dated 27.8.93 of the Calcutta High
        Court in F.M.A. No. 211 of 1991.

                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.
                                                                                      G
              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
        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.

          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
F
    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 :

G            "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-
H            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 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         B
     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    C
     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 regulations
     and statutes under the respective enactments. The respondents on their         D
     owo admitted position being the Government servants, cannot get higher
     scale of pay then prescribed for the post. Under those circumstances, the
     High Conrt was wholly unjustified in extending the benefit of pay scale
     prescribed by the UGC to the non-teaching medical staff and also to
     Class-IV Government employees.
                                                                                    E
            The appeal is accordingly allowed. The orders of the High Court in
     the appeal as Well as the learned single Judge stand set aside. Consequent-
     ly, the writ petition stand dismissed. No costs.

     T.N.A.                                                     Appeal allowed.