Ajit Kumar Sengupta, J.@mdashThe present writ application is filed by the Junior Land Reforms Officers (hereinafter referred to as JLROs) claiming the pay scale of Rs. 1100-1900 as is paid to the Assistant Secretaries in West Bengal General Service with effect from April 1, 1981, instead of their existing pay scale of Rs. 425-1050.
2. The case of the writ Petitioners is that the scale of pay of JLROs is mala fide, unreasonable and irrational. The scales of pay have been set out by the State Government in unification relating to the recruitment of Government Servant as follows:
|
Gr. ''A'' |
Rs. 660-40-1100-50-1600; |
|
Gr. ''B'' |
Rs. 660-40-1100-50-1600; |
|
Gr. ''C'' |
Rs. 500-20-540-25-640-30-820-40-1260-50-1360; |
|
Rs. 470-20-550-25-750-30-870-40-1230; | |
|
Rs. 425-15-470-20-670-25-820-30-910-35-1050; | |
|
Gr. ''D'' |
Rs. 425-15-470-20-670-25-820-30-910-35-1050; |
3. J.L.R.O.s have been classified in Group ''C'' of W.B.-C.S. (Ex) and are claiming a higher scale of pay applicable to Assistant Secretaries (West Bengal General Service) i.e. Rs. 1100-50-1300-60-1900 and Special pay of Rs. 200 per month with effect from April 1, 1981.
4. To appreciate the contention raised it is necessary to set but certain historical events, the recruitment rules and the duties and functions and responsibilities of the JLROs.
5. In 1885, the Bengal Tenancy Act, 1885, was enacted under which the mode of administration of lands including vesting estate was under the State Government, providing thereafter that each district of Bengal constituted a unit of Khasmahal administration under the over-all charge of an Additional Collector who was compulsorily an I.C.S. Officer in the Senior Scale of pay. Each district was divided into a Sub-division which was in turn subdivided into Circles comprising of one or two Thanas having a rental demand of about Rs. 3 lacs. Each circle was in charge of a subordinate Executive Officer which post was subsequently designated JLRO.
6. In order to implement and regulate administration of Land Reforms and Collection of Land Revenue in or about January 4, 1957, a notification being Notification No. 182-L Ref. was published providing rules for regulating recruitment of JLROs. These rules were framed under Article 309 of the Constitution of India and in supersession of the Notification No. 12068-L.R., dated August 7, 1954, as subsequently amended providing the method of recruitment in respect of the post of Junior Land Reforms Officer. The requisite qualifications and eligibility for appointment to such post have been specified in the said notification. The said rules inter alia provide:
I. Scale of Pay : 125-5-240-10-250 (efficiently bar after 12th stage).
II. Appointing authority : The Secretary, Board of Revenue, West Bengal.
III. Method of appointment : (a) By promotion from the rank of Circle Inspectors to be nominated by a Committee to be constituted by Government for the purpose.
(b) By-selection from the undernoted personnel:
(i) Surplus Staff of the Food. Relief and Supplies (Food) Department and Mayuraskhi Reservoir Project,
(ii) Employees and ex-employees of Khasmahal and Court of Wards.
(iii) Employees of the Zaminders and intermediaries; and
(iv) District-Kanungos and Revenue Officer. Selection will be made by Selection Committee to be constituted by Government for the purpose.
IV. By special selection from the ex-intermediaries including their sons and relatives having knowledge and experiences of revenue work of the State Government.
V. Qualification : (I) Academic--where appointment is made by selection, the candidate must possess as a certificate showing that he has passed I.A., I.Sc. or I.Com. Examination of a recognised University, provided that this rule may be relaxsed in the case of District Kanungos who have passed the Matriculation Examination or an equivalent examination recognised by the Government and also passed the second year Final Examination by the Bengal Survey School.
VI. Age : Where the appointment is made by selection, the candidate should be between 40 and 52 years of age. The age limit is relaxable of both ends from those belonging to the scheduled tribes, subject to availability of qualified candidates.
VII. Training : The candidate will be required, after their selection, to undergo a course of training as may be prescribed by the appointing authority. In special cases, the appointing authority may be order exempt a candidate or a class of candidates from undergoing the training. The trainees will be given appointment of successful completion of training.
During the period of training the selected candidate, who was in Government service, will draw pay at the rate last drawn by him in the department in which he was employed, other will draw the minimum of the scale mentioned above during the training period.
7. Thus the said notification provided that the appointing authority is the Secretary, Board of Revenue, West Bengal, the method of appointment was by promotion from the rank of Circle Inspectors or by selection from, inter alia, District Kanungos and Revenue Officers.
8. By a notification No. 14863-L Ref. dated September 8, 1960, the West Bengal Subordinate Land Revenue Services was created.
Notification
No. 14863-L Ref. 8th September, 1967.
The Governor is pleased hereby to constitute the West Bengal Subordinate Land Revenue Service, Grade-I and in exercise of the power conferred by the proviso to Article 309 of the Constitution of India, to make the following rules regulating the requirement and the condition of following rules regulating the requirement and condition of service of persons appointment to such services, namely,
The pay, method of recruitment and the qualifications required for recruitment of the West Bengal Subordinate Land Revenue Service Grade I, shall be detailed as below:
(1) Pay Scale of pay 200-400
(2) Appointing Authority--The Secretary, Board of Revenue, West Bengal,
(3) Method of recruitment
(a) 66.2/3 per cent of the vacancies shall be filled up by direct recruitment and 33.1/3 per cent by promotion from Circle Inspectors (Land Reforms) Kanungos, Grade-Il and Zilladars (Canel Revenue) who are on the scale of pay Rs. 130-5-250.
(b) 15 per cent of the vacancies to be filled up by direct recruitment shall be reserved for candidates belonged to schedule caste and 5 per cent for candidates belonged to schedule tribes, if suitable candidates are available.
(4) Qualification as for direct recruitment
(a) Women candidates shall be considered to be unsuitable
(b) Age : Between 20 and 25 years in the first day of September of the year in which recruitment is made, the upper age limit being relaxable for candidates already in the services of the State Government by the period of continuous service subject to a maximum of 5 years.
(c) Education
Candidate must have a degree in Arts, Science, Commerce, Agriculture.
(d) Other requirements:
(i) Good working knowledge of the Bengali language written and spoken (candidate whose mother language in Nepali shall be exempted from the requirement, who will be required to pass within a period of two years, a departmental examination in Bengali).
(ii) Candidates must'' be in sound health and physically fit for continuous arduous touring in rural area.
(5) Procedure for direct recruitments:
Candidates fulfilling the qualifications shall be required to appear at a written examination in English Bengali (or Nepali), Elementary Mathematics and General knowledge. Those securing minimum qualifying marks of the written examination shall be called up for an interview before a Selection Board to be constituted for this purpose. Selection for appointment shall be made on the basis of total marks secured in the written examination and the interview.
(6) Qualification for promotion:
Circle Inspectors, Kanungos, Grade-II and Zilladars who have served for at least five years shall be eligible for promotion.
(7) Training
(a) Candidates shall not be recruited direct into the service but shall be recruited as Trainees for a period of six months during which they shall receive a consolidated allowance of Rs. 200 per month. Before joining the training the selected trainees shall be required to furnish a bond with the surety undertaking to prosecute the course of training diligently to complete the training and to serve in the West Bengal Subordinate Land Revenue Service Grade-I for at least three years from the dale of appointment or in default thereof to refund to the Government of West Bengal allowances drawn by them during the period of training. The training shall be emparted at an institution, such as, the West Bengal Survey Institution--Bandel and shall include subjects such as Cadastral Survey preparation of record of rights revenue laws, elementary instruction in other laws relevant to their works and if possible, agricultural practices and problems of the State.
(b) Circle Inspector, Zilladar and Kanungos Grade-II Selected for promotion shall also undergo similar training for a period of six months during which they shall draw their pay and allowances as in the lower grade plus training allowances of Rs. 50 per month to reimburse them for the additional costs of stay at the Training Institution.
(c) The trainees (whether direct recruit or selected for promotions shall be appointed to the service on the successful completion of training their performances being judged on the basis of both their seasonal records and on an examination to be held at the end of the period of training,
(d) Trainees who do not apply themselves to the training with one diligence or fail to pass the end of training examination or are guilty of breach of the rules of residence and discipline of the training institution shall be liable to be discharged without notice.
9. The method of recruitment and qualification required has been laid down in the said notification dated September 8, 1967. The method of recruitment is, inter alia, by promotion from Circle Inspectors, Kanungos Gr. II and Zilladars. The minimum qualification prescribed was a Degree in Arts, Science, Commerce or Agriculture. The said notification dated September 8, 1967, further provided for six months training with the West Bengal Survey Institution at Bandel including subjects such as Cadastral Survey, preparation of record of rights, revenue laws, elementary instruction in other laws relating to their work and if possible agricultural practices and problems of the State. The said Notification also provided that appointment to the service, would be made on the basis of successful completion of training and on an examination to be held at the end of the period of training. All the JLROs have in fact the minimum qualifications prescribed by the said Notification dated September 8, 1967 and Wave undergone the training period prescribed successfully.
10. The functions of a JLRO entail the liability, responsibility together with physical hardship. The functions of a JLRO cover--
(i) Administrative/Executive work;
(ii) Judicial work;
(iii) Physical work/hardship;
(iv) Territorial limits.
The extent of a JLRO''s duty is wide ranging also from a territorial and pecuniary point of view.
I. Administrative I Executive Functions of the JLROs.
(A) In terms of notification dated November 22, 1966, JLROs were vested and then exercise powers of Collector for the purpose of Section 10 of the West Bengal Acquisition Act, 1953.
(B) By an order dated June 10, 1968, existing posts in different cadres of the Land Revenue Service were combined and the jurisdiction and powers of Revenue Officer (Lands and Bhag Chas) Officers were vested in JLROs. The said notification is to the following effect:
Government of West Bengal
Land and Land Revenue Department
Land Reforms Branch
No. 7292-L Ref.
Calcutta, the 10th June 1968.
ORDER
In Notification No. 14863-L Ref dated the 8th September, 1967, a new service known as West Bengal Subordinate Land Revenue Service, Grade I, has been constituted and the Rules for Recruitment to the Service have been framed. The new service has been constituted with the idea of combining the posts and cadre indicated below under the Land and Land Revenue Department and Board of Revenue, West Bengal, into one service:
(i) Settlement Kanungos, Grade-I
(ii) Assistant Compensation Officers;
(iii) Junior Land Reforms Officer;
(iv) Revenue Officers (Loans)
(v) Land Acquisition Kanungos;
(iv) Permanent Settlement Kanungos;
(vii) Bhagchas Officers;
(viii) Enquiry Officers (Land Acquisition Department and its Land Acquisition Collector''s Officers);
(ix) Assistant Canal Revenue Officers;
(x) Settlement Kanungos, Land Acquisition Kanungo and Junior Land Reforms Officers and deputation to other departments.
(2) The question of absorption of existing personnel in different cadres has been considered by Government. It has been decided that the existing incumbents in the different cadres indicated above should be absorbed in the said service.
(3) The Governor is, thereof, pleased to direct that the existing incumbent of the cadres mentioned above whether permanent, temporary, quasi-permanent or with permanent status be absorbed ill the said service in their same capacity with effect from the 1st April, 1968.
(4) Formal orders of absorption will issue in due course, pending issue of formal order, be existing incumbents are authorised to draw their present pay and allowances.
(5) The cadres mentioned above should be treated as defunct as soon as the absorption of the existing incumbents in the West Bengal Subordinate Land Revenue Service, Grade-I, is complete, vacancies that would occur in the different cadres in the process of absorption should not be filled up.
(6) The officers on their absorption in the new service will continue to draw their existing basic pay in the scale of Rs. 200-10-400. They will draw their next increment on the date on which such increment would have fail due had they not been absorbed in the service now constituted. In addition they will draw D.A. and other allowances as admissible under the existing rules.
By order of the Governor
Sd/- K. Sen
Secy, to the Govt, of West Bengal.
(C) By a notification dated November 27, 1969, JL-ROs were authorised to sign plaints, written statements, swear affidavits etc. The said notification is to following effect:
Government of West Bengal
Judicial Department
Notification
No. 124821
Calcutta, the 27th Nov. 1969.
In exercise of the power conferred by Rule 1 of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), the Governor is pleased to appoint the officer of the Govt. of W.B. in the Department of Lund and Land Revenues, specified in the Schedule annexed hereto, as persons who may sign plaints, written statements of writ petitions and objections thereof and swear affidavits in suits and writ proceedings by or against the State of W.B. and verify the same in the manner prescribed by Rule 15 of Order VI read with Rule I of Order XXVII of the Code of Civil Procedure, 1908 (Act V of 1908).
1. JLROs.
By order of the Governor
Sd/- K. Sengupta
Secy. to the Govt. of the W.B.
(D) Pursuant to a Notification dated January 27, 1970, JLROs discharge functions of Revenue Officer u/s 238 of the West Bengal Land Reforms Act, 1955. The said Notification provides as follows:
Government of West Bengal
Land and Land Revenue Department
Land Reforms Branch
No. 1074 Ref/2A-49/69
Dated the 27th January, 1970.
In exercise of the power conferred by Clause (12) of Section 2 of the West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956), the Governor is pleased hereby to appoint Junior Land Reforms Officers in each district in the State of West Bengal to discharge the functions of the Revenue Officer u/s 23B of the said Act within their respective jurisdiction.
By order of the Governor
Sd/- S. Mullick
Secy. to the Govt. of West Bengal
(E) By a memorandum dated March 23, 1972, JLROs were placed at the top of the Land Reforms Cadre for Land Reforms Measures, Collection of Revenue etc. The said memorandum, inter alia, provides as follows:
Government of West Bengal
Broad of Revenue, West Bengal
Section ''A'' G.E. Branch
Memo No. 5874-C.E. 75/72
Dated Calcutta the 23rd
March, 1972
To : The Commissioner.... Division....
Subject : Re-Organisation of Land Reforms Circles
The question of re-organising, the administrative structure in the districts for the proper maintenance of land records, implementation of land reforms measures and collection of land revenue etc. had been under consideration of Government for sometime past.
(2) After careful consideration of all aspects of the matter the Governor has been pleased to direct that the following re-organisation in the existing land reforms set up should be made from 1.4.72 as soon thereafter as possible.
(a) The number of Land Reforms Circles should be increased from 253 (as existing at present) to 335 so as to make the Land Reforms Circles co-terminous with the Community Development Blocks.
(b) Every Land Reforms Circle will be in charge of Junior Land Reforms Officer who will be responsible for (i) Land Management, Land Reforms, maintenance of records etc.;
collection of land revenue, ceses, water rate, loans of different kinds etc.
(c) The Junior Land Reforms Officer will be assisted by Circle Inspector in his work relating to Land Management, Land Reforms, Maintenance of records etc. and by an Assistant Revenue Officer (Loans) in his work relating to collection of land revenue, ceses, water rates, loans etc
(d) The actual collection of land revenue, cesses, water rate, loans etc will be made by the Tahasildars/Karmacharis (in coded areas)/Mondals (the hilly areas of Darjeeling) and they will be the only agency under the Board of Revenue for the collection of all kinds of Government dues:
(e) Each Land Reforms Circle shall have the following complement of staff:
| JLRO. | 1 | |
| Circle Inspector | 1 | |
| Asstt. Revenue Officer (loan) | 1 | |
| Clerk-in-charge | 1 | |
| L.D. Clerk | 3 | (instead of 4 as at present) |
| Amins | 2 | (instead of 1 as at present) |
| Class IV staff | 6 | (including one Chairman) |
The staffing patterns, as indicated above, will also apply in the case of the existing Land Reforms Circle Offices.
(f) The Block Development Officers will exercise power of co-ordination over the activities of the Junior Land Reforms Officers in the same manner as the District Magistrate does at the district level.
The preparatory work for giving effect to the decisions may be taken up and as a first step to that the jurisdiction of the existing Land Reforms Circles (including those additional 64 circles created during 1971) should be redistributed so as to make them conterminous with the Community Development Blocks, that is to say that there shall be one Land Reforms Circle for each CD. Block.
The offices of the 82 additional Land Reforms Circle now sanctioned shall be in the proximity of the Block Development Officers and accordingly accommodation may be secured both for office and for the residence of the staff.
(F) By an order dated October 12, 1972, JLROs have been appointed the prescribed authority for the purpose of Sections 5 and 14 of the West Bengal Land Reforms Act, 1955.
Government of West Bengal
Land Utilisation and Reforms and Land
and Land Revenue Department
Land Reforms Branch
No. 15650-L. Ref. 2A-12/60
Dated Calcutta, the 12th October, 1972
In exercise of the power conferred by Clause (9A) of Section 2 of the West Bengal Land Reforms Act, 1955 (West Bengal, Act X of 1956), the Governor is pleased thereby to appoint Junior Land Reforms Officers in each district in the State of West Bengal to be within the local limits of their respective jurisdiction, the prescribed authority for the purpose of Clause (b) of Sub-section (1) and Sub-section (2) of Section 5 and Sub-section (2) of Section 14 of the said Act.
By order of the Governor
Sd/- D. Basu Ray
Dy. Secy to the Govt. of W.B.
(G) Under the West Bengal Restoration of Alienated Lands Act, 1973, JLROs, have been appointed as Special Officers in the districts and to discharge functions under the said Act. Powers, functions, jurisdiction of a Special Officer are that el a Clock Development Officer, JLROs perform the equal and identical duties and discharge responsibilities as Deputy Magistrate and Deputy Collector/Block Development Officers under the said 1973 Act.
(H) By a notification dated August 5, 1974, JLROs were appointed officers referred to in Sections 17(1) and 18(1) of the West Bengal Land Reforms Act, 1955. The said notification is as under:
Notification
In exercise of the power conferred by Sub-section (1) of Section 17 of the West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956) the Governor is pleased hereby to appoint all Junior Land Reforms Officers; in each district within West Bengal, as the officers referred to in that sub-section for the areas in their respective jurisdiction.
By order of the Governor
Sd/- D. Basu Ray
Deputy Secretary
(I) By a notification dated October 12, 1974, JLROs have been entrusted with the functions of Revenue Officers u/s 23(2) of the West Bengal Land Reforms Act, 1955. The said notification is as follows:
Notification
No. 21656-L-Ref/8A-9/74
Dt. 12.10.74
In exercise of the power conferred by Clause (12) of Section 2 of the W.B.E.A. Act, 1955 (W.B. Act X of 1956), Land Reforms Officers in each district within West Bengal to discharge the function of a Revenue Officer under Sub-section (2) of Section 23 of the said Act, within respective jurisdiction.
By order of the Governor
Sd/- S. Mallick
Secy. to the Govt, of West Bengal
(J) Pursuant to a notification dated August 21, 1975, the JLROs are discharging the function of Revenue Officers u/s 50 of the West Bengal Land Reforms Act, 1955. The said notification is as follows:
Notification
No. 20478-L Ref
Dated, the 21st August, 1975
In exercise of the power conferred by Clause (12) of Section 2 of the West Bengal Land Reforms Act, 1955 (West. Bengal Act X of 1956) the Governor is pleased hereby to appoint all Junior Land Reforms Officers, in the State of West Bengal to discharge within their respective jurisdiction, the function of a Revenue Officer u/s 50 of the said Act.
2. In exercise of the power conferred by Section 50 of the said Act, the Governor is further pleased hereby to specifically empower the said Revenue Officers for the purposes of the said section.
By order of the Governor
Sd/- D. Basu Ray
Dy. Secy. to the Govt. of W.B.
(K) By a notification dated October 29, 1979, JLROs have been entrusted with the function of Revenue Officers under Sections 14T and 14U of the West Bengal Land Reforms Act, 1955. The said notification is as follows:
Notification
No. 26500-L Ref.
Dated, Calcutta, the
29th October, 1975.
In exercise of the power onferred by Clause (12) of Section 2 of the West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956), the Governor is pleased hereto to appoint:
(a) all Special Revenue Officers, Grade-II
(b) all junior Land Reforms Officers
(c) ..............
(d) ..............
in the State of West Bengal to discharge, within their respective jurisdiction, the functions of a Revenue jurisdictions, the functions of a Revenue Officer under Sections 14T and 14U of the said Act.
By order of the Governor
Sd/- D. Basu Ray
Deputy Secy. to the Govt. of W.B.
(1) By notification dated December 11, 1980, JLROs have been conferred with powers of Collector, under the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975. The said notification is as follows:
Subject : Recording of beneficiaries and issue of Document of Title to them under the West Bengal Acquisition of Homestead Land for Agricultural Labourers.
Artisans and Fishermen Act, 1975.
(1) A reference is invited to the decisions at items Nos. 12.1.2 to 12.1.5 of the 3rd Workshop of Land Reforms held on 14th and 15th September, 1980.
(2) Detailed instruction for recording of the names of the beneficiaries and issue of Document of Title to them was issued under the Board''s Memo. No. 12025-(24)-GE, dated the 27/31st August 1979, The work of bringing the names of beneficiaries under the Act in settlement records started after the issue of Board''s Circular No. 9222-GE, dated the May 25, 1978.
Meanwhile, however, the Khanapuri Bhujharat work of a sizable number of mouzas was completed. In those mouzas the names of a good number of beneficiaries have appeared in the records as permissive possessors. It was, therefore, necessary to identify such cases in consultation with the records and to open khatians in favour of the beneficiaries. This job, though started by the Settlement Officers, was not followed up properly. It is, therefore, requested that the work of identification of such cases on the basis of entries in the khatians may be taken up in right earnest and khatians opened in all the cases.
(3) There are cases where the beneficiaries under the Act were not recorded as permissible possessors during the K-B and the subsequent stages. In such cases recording should be done after proper enquiry on the basis of petition. The co-operation of the Panchayatiraj institutions and the rural workers'' organisations should be sought in identifying the left-out cases.
(4) After khatians have been opened a list of beneficiaries along with necessary particulars should be sent to the Junior Land Reforms Officer concerned for incorporation of their names in Register II. It may be mentioned that by Notification No. 455-RH dated the 29th September, 1980, of the Panchayats and C.D. Department the Rules have been amended so as to appoint among others, the Sub-divisional Land Reforms Officers and the Junior Land Reforms Officers as Collectors under the Act. Therefore, no records of the beneficiaries from the Settlement Wing the Junior Land Reforms Officers will not only arrange incorporation of their names in Register II but also issue Document of Title to them. This aspect of the work is very important and it should be ensured that there is no lime lag between receipt of lists from the Settlement Wing and issue of Document of Title by the Junior Land Reforms Officers, i.e. Collectors.
(5) In view of appointment of Junior Land Reforms Officers as Collectors it will not henceforth be necessary for the Settlement Wing to furnish list of recorded beneficiaries to the Block Development Officers.
(6) There might be cases where Documents of Title were delivered by the Block Development Officers previously, but the names of the beneficiaries have not been brought into the Settlement Records. In order that all such persons can be recorded, the Settlement Wing will collect from the Block Development Officers list of such beneficiaries and identify the cases after consultation of the records. Khatians should be opened in respect of such beneficiaries on the basis of the Document of Title.
(7) It should be borne in mind that appointment of Junior Land Reforms Officers and the Sub-divisional Land Reforms Officers as Collector under the Act will facilitate issue of Document of Title. The Additional District Magistrate is requested to make periodical review of the progress of work in meeting with the Settlement Officer, Union Land Reforms Officers and Block Development Officer.
Sd/- A.K. Chakraborti
Special Officer and (Ex-officio) Secretary,
Board of Revenue, West Bengal
(M) By a notification dated-December 11/31, 1980, JLROs have been empowered to amend khatians and issue Documents of Title in accordance with records of rights.
(N) Pursuant to a Memo dated August 2� 1982, JLROs are required to submit reports on collection of Land Revenue and disposal of certificate cases, harvesting, sowing, disputes, disposal of cases under restoration of Allineated Land Act etc.
(O) The JLROs are custodians of Public Records. Sub-Registrars who are under the West Bengal Registration Service have been placed in W.B.C.S. (Ext.), Group D, Sub-Registrars are custodians of public records. JLROs are also custodians of public records. The Sub-Registrars are Courts only u/s 80F of the Indian Registration Act. The Sub-Registrar directly supervises and controls ministerial licensed deed writers, copy writers and stamp vendors attached to his office. The Sub-Registrars are also Marriage Registrars under the Hindu Marriage Act and are required to look to the registration aspect of Deeds under the 1956 Act Transfer of Property Act, Wealth Tax Act, Urban Land (Ceiling and Regulation) Act, income tax Act, etc. In other words, the principal and primary function of a Sub-Registrar is to collect revenue for the State of West Bengal only by way of registration. JLROs as Certificate Officers also collect revenue under the 1913 Act, 1953 Act and 1955 Act. II.
Judicial Functions:
(A) JLROs exercise powers of a Civil Court u/s 57 of the West Bengal Land Reforms Act, 1955.
By Notification No. 340-L dated January 9, 1958, in exercise of powers conferred by Section 57A of the 1953 Act, Revenue Officer was invested that all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of Section 53 of the 1953 Act. The JLROs were subsequently been empowered to exercise the powers of a civil Court under the Code of Civil Procedure, 1908, or u/s 57 of West Bengal Land Reforms Act published in the Calcutta Gazette on November 27, 1978, for the purpose of:
(a) summoning and enforcing the attendance of any person and examining him on oath as a witness,
(b) requiring the discovery and production of any document or record,
(c) receiving evidence on affidavits.
(d) requisitioning any public record or copy thereof from any Court or Office,
(e) issuing commission for examination of witnesses or documents,
(f) enforcing or executing orders including an order for restoration of possession as if such orders were decrees of a civil Court,
(g) remaining any case or proceedings to the officer from whose decree the appeal is preferred, any such officer shall record the substance of the evidence, if any, taken by him.
(B) As indicated JLROs are vested with powers of Collector for the purpose of Section 10 of the W.B. Estates Acquisition Act, 1953.
(C) By the notification dated October 7, 1967 all the JLROs in the State of West Bengal were appointed officers referred to in Section 18(1) of the West Bengal Land Reforms Act, 1955, for the areas of their respective jurisdiction. Thereafter all the Junior Land Reforms Officers in each district within West Bengal have been appointed as the officers to decide dispute under said section of the Act by Notification No. 15260-L/Ref. dated August 5, 1974. Section 18 of the 1955 Act in so far as it is relevant provides as follows:
1B. Jurisdiction to decide certain disputes--
(1) Every dispute between a bargadar and the person whose land be cultivated in respect of any of the following matters, namely:
(a) division or delivery of the produce; (aa) recovery of produce u/s 16A;
(b) termination of cultivation by the bargadar;
(2) If in deciding any dispute referred to in Sub-section (1) (or otherwise) any question arises as to whether a person is a bargadar or not and to whom the share of the produce is deliverable, such question shall be determined by the officer or authority mentioned in Sub-section (1).
(3) The decision of any dispute referred to in Clause (a) of Sub-section (1) shall specify the money value of the share of the produce to be delivered, which shall be payable in default of delivery of such share.
3(a) The decision of any dispute referred to in Clause (aa) of Sub-section (1) shall specify the quantity of the produce recoverable from the power by the bargadar as his share and also its money value which shall be payable by the owner in default of delivery of such quantity of the produce.
(4) For the removal of doubts it is hereby declared that notwithstanding any decision of any Court to the contrary any order under Clause (a) of Sub-section (1) specifying the money value of the share of the produce to be delivered payable in default of delivery of such share, made before the commencement of the West Bengal Land Reforms (Amendment) Act, 1962, shall be deemed to be and to have always been validly made as if that Act had come into force when such order was made.
(5) Upon receipt of such application the officer or authority shall after giving the parties to the dispute as opportunity of being heard and adducing evidence, pass an order specifying the money value of the share of the produce to be delivered, which shall be payable in default of delivery of such share.
(D) JLROs perform functions of Certificate Officers to deal with and/or decide Certificate Cases under the West Bengal Public Demands Recovery Act, 1913.
From time to time JLROs were appointed to perform the function of the Certificate Officers to deal with the certificate cases under the Public Demand Recovery Act for the purpose of recovery of areas dues payable to the Estates Acquisition Department.
Proceedings before a Certificate Officer under the Public Demand Recovery Act, 1913, are civil proceedings within the meaning of the Indian Limitation ''Act and a Certificate granted by the Certificate Officer is a decree within the meaning of the Code of Civil Procedure.
That not only do the JLROs perform the function of Block Development Officer, but JLROs are vested with greater authority under other Acts. For example, the JLROs as stated above is a Certificate Officer under the Bengal Public Demand Recovery Act, 1913, Certificate granted by a Certificate Officer is a decree within the meaning of the Code of Civil Procedure. In acting as such Certificate Officer the JLRO discharge judicial functions.
Section 57 of the Bengal Public Demand Recovery Act, 1913, as specifically defined ''Certificate Officer'' as a Court and the proceedings before a Certificate Officer is a Civil Proceeding within the meaning of the Indian Limitation Act, 1908 (now 1963).
As Certificate Officers under the 1913 Act the JLROs exercise all the powers of the Civil Court for the purpose of receiving evidence, administering oaths and compelling attendance of witnesses and production of documents.
III. Physical Work/Hardship
The duties of JLROs are highly onerous and wide ranging. The nature of the duties performed by the JLROs is both mentally and physically taxing and arduous. JLROs are transferable and have to work in unhealthy conditions in rural areas.
The duties of JLROs are hazardous. JLROs have to deal with public and also face hostile crowds in politically and socially dangerous conditions. Women are disqualified for appointment of JLROs on account of the arduous nature of duties.
IV. Territorial Limits
(A) JLROs are in charge of a circle consisting of, several Tahasil units.
In 1885 the Bengal Teancy Act, 1995, was enacted (hereinafter referred to as the ''1885 Act'') under which the mode of the administration of lands under the Government was laid down. After, independence for the purpose of management of vested estates each district constituted a unit of Khasmahal administration in over all charge of an Additional Collector who is an officer of IAS cadre in the Senior Scale of pay. Each District was sub-divided into as many sub-units/sub-divisions. A sub-division was further sub-divided into a number of circles comprising one or two Thanas having a rental demand of about 3 lakhs. Each such circle was in charge of a Subordinate Executive Officer subsequently designated as Junior Land Reforms Officer (hereinafter referred to as the ''JLRO'')-A circle consisted of several Tahasil units each having rental demand of about Rs. 5,000 to Rs. 12,000 undera Tahasildar.
(B) The jurisdiction of the Land Reforms Circle is co-terminous with the Community Development Block. By a memo No. 3874(3) GE/75/72 dated March 23, 1972, the State of West Bengal re-organised the administrative structure in the districts for the proper maintenance of Land Reforms measures and collection of Land Revenue etc. The JLROs was placed on the top of the Land Reforms Circle, Subordinate to the JLROs is one Circle Inspector, one Assistant Revenue Officer (Loans), one clerk-in-charge, 3 lower division clerks, two amins and 6 class IV staff. Thereafter, upper division assistants and more ''D'' Group staff are posted under JLROs and as a result number of staff of each circle have been increased.
(C) Territorial jurisdiction exercised by JLROs is the same as that of Block Development Officers.
By the said memo No. 5874(3)-GE dated March 23, 1972, the State Government increased a number of Land Reforms Circles from 253 to 336 thereby making a Land Reforms Circle cotermius with a Community Development Block. The Community Development Block normally covers a minimum area under the jurisdiction of one Police Station.
11. It is now necessary to compare the cases of the JLROs with other classes of officers drawing higher scale of pay, in particular'', Assistant Secretaries and Sub-Registrars.
Although JLROs are vested with greater authority and discharge more onerous and important duties, they have been granted a lower scale of pay than Assistant Secretaries (West Bengal General Services).
The scale of pay enjoyed by Assistant Secretary (W.B.-G.S.) is Rs. 1100 to 1900 with effect from April 1, 1981, as compared to the scale of pay of Rs. 425 to Rs. 1050 enjoyed by JLROs. Unlike JLROs Assistant Secretaries (WBGS) have no judicial functions and have no power to decide disputes. Unlike the JLROs who have wide responsibilities the duties of Assistant Secretaries (WBGS) are basically clerical in nature. JLROs exercise territorial jurisdiction similar to that of a Block Development Officer, Assistant Secretaries (WBGS) do not exercise any territorial jurisdiction.
The Assistant Secretaries (WBGS) unlike JLROs are not transferable and have no contact with the public. The Assistant Secretaries (WBGS) are recruited from upper division clerks and no examination is necessary for such appointment. The Assistant Secretaries (WBGS) are, less powerful than JLROs and have a lesser staff strength.
The Assistant Secretaries (GS) have been granted a special pay in spite of the fact that hold non-transferable posts within the city of Calcutta. JLROs, on the other hand, have specially arduous duties and are carrying out specific additional work and responsibilities. The work of JLROs is normally in a village where the conditions are unhealthy and without any amenities or other conveniences. Apart from the physical discomforts the JLROs have to face hostile crowds in politically and socially dangerous conditions. Although JLROs fulfil all the conditions meriting the payment of special pay within the meaning of Rule 5(33) set out above no special pay has been sanctioned by the State Government in favour of JLROs.
Sub-Registrars
Although the JLROs have been placed in W.B.G.S. (Executive) Group ''C'' and Sub-Registrars in W.B.G.S. (Ex.) Group ''D'' (i.e. a lower grade) both JLROs and Sub-Registrars were given the same scale of pay, i.e., Rs. 425-1050. Sub-Registrars have far lesser responsibilities than JLROs, the function and duties of Sub-Registrars being confined only to the Administration of the Indian Registration Act, Sub-Registrars have a similar territorial jurisdiction than JLROs. Even Sub-Registrars have now been placed in the higher scale of pay of Rs. 660 to 1600 with retrospective effect from April 1, 1981 by notification No. 220 REGN dated March 13, 1987.
Deputy Magistrate/Block Development Officers:
Both Deputy Magistrate and Block Development Officers enjoy the scale of pay of Rs. 660 to Rs. 1600/whereas JLROs enjoy a lower scale of pay of Rs. 425 to 1050. JLROs have identical territorial jurisdiction as Block Development Officers and also discharge identical and/or more powers and functions than a B.D.O. JLROs, in fact, have wider responsibilities inasmuch as Block Development Officers have no judicial power. The duties, functions and responsibilities are equal to if not more important than Deputy Magistrate who have been placed in Gr. ''A'' of W.B.C.S. (Executive) and enjoy a higher scale of pay.
12. Apart from above-mentioned functions of Administrative, Executive, Technical and Judicial, Junior Land Reforms Officers have to perform miscellaneous works as entrusted by the Government of West Bengal time to time which are not limited.
13. By notification No. 2339-L Ref. dated December 17, 1982, in exercise of the powers conferred under Article 309 of the Constitution of the Governor made certain amendments in the recruitment to the West Bengal Subordinate Land Revenue Services, Grade-I.
14. The West Bengal Civil Services (Executive) is sub-divided into 4 groups, i.e. Groups A, B, C and D. The West Bengal Subordinate Land Revenue Services, Grade-I, was placed in Group C of the W.B.C.S. (Executive) Service.
15. It may be mentioned that several other writ applications were filed by the JLROs in the Original Side as well as in the Appellate Side in this Court. Rules were granted, issued and interim orders were passed in those cases. However, prayer in the present writ petition is separate and distinguishable from the prayers made in those writ petitions.
16. In Civil Rule No. 3744(W) of 1985 this High Court passed an order on May 11, 1985, inter, alia:
directing the Respondents not to transfer and/or post any Junior Land Reform Officers in a post which is not in the cadre post within the frame-work of W.B.C.S. (Executive), Group A.
17. The said order equated the status and rank of JLROs with the status and rank of member of West Bengal Civil Services (Executive) Group ''A''.
18. In spite of onerous and wide ranging duties, powers and responsibilities of, the JLROs, T.L.R.O.s while discharging functions of senior posts have not been granted a reasonable or proper scale of pay.
19. In 1971 the Finance Department of the State of West Bengal issued the West Bengal Services (Revision of Pay and Allowances) Rules, 1971.
20. By notification No. 9716-F dated November 16, 1977, the State Government constituted a Pay Commission to examine the structure of employments of all employees. Pursuant to the aforesaid resolution the Pay Commission submitted a report, the last part of which was submitted on October 1980. On the basis of the said report the State Government to issue notification being Notification No. 5691-F dated July 28, 1981, containing the West Bengal Services (Revision of Pay and Allowances) Rules, 1982.
21. In or about July 31, 1983, the West Bengal Services (Revision of Pay and Allowances) Rules, 1981, was published in the Calcutta Gazette.
22. The terms according to which the Pay Commission was to act appears from the memorandum No. 5690/F dated July 28, 1981, containing the ROPA Rules, 1981. The Pay Commission was required to duly consider the following issues along others:
(1) The principle of need-based minimum wage:
(2) the retionalisation of Pay Scales including desirability of leasening gap between highest and lowest emoluments;
(3) equal pay for equal work; and
(4) removal of anomalies existing at present in respect of any pay scale or pay scales.
23. The Petitioners were not aware of the contents of the report of the Commission. The scale of an Assistant Secretary has been fixed at Rs. 660 to Rs. 1600 plus special pay of Rs. 100.
24. The State Government has in other service abolished the subordinate services and merged and/or mingled and/or unified the same with the senior services in the same service and absorbed the members of the subordinate services in the unified services giving due weightage to the seniority and scale of pay: In this connection Petitioners refer to the West Bengal Services (Unification of State Services) Rules, 1979 (hereinafter referred to as the 1979 Unification Rules). The 1979 Unification Rules have been given effect retrospectively from April 1, 1970.
25. By the 1981 ROPA Rules, the scale of pay of the JLROs has been fixed at Rs. 425 to Rs. 1050.
26. Apart from the JLROs there is no other services in the State of West Bengal which is termed as junior. Under the 1979 Unification Rules all junior services and scales have been abolished and the members of the erstwhile junior services such as Junior Civil Service (Ex.), West Bengal, Junior Commercial Tax Services, West Bengal Junior Agricultural income tax Services, West Bengal Junior Exercise Services, West Bengal Junior Education Services, West Bengal Junior Labour Services, West Bengal Junior National Employment Services have been abolished and the members of each of such junior services have been fitted in the senior scales of the United Services with effect from April 1, 1970. Each and every one of the erstwhile junior services have been included in W.B.C.S. (Ex.) Group-A in the pay scale of Rs. 600 to Rs. 1600.
27. Those officers in subordinate services who have been absorbed in senior services are getting much higher scales of pay as a result of the 1979 unification rules than the JLROs.
28. Sub-registrars in the West Bengal Registration Services had been placed in Group ''D'' of W.B.C.S. (Ex.) in the scale of Rs. 425 to Rs. 1050 plus special pay of Rs. 50 per month. The basic scale of pay is the same as that of JLROs. Sub-registrars are under the West Bengal Registration service and have been placed in W.B.C.S. (Ex.) Group ''D''. Sub-registrars are custodians of public records. JLROs are also custodians of public records. The Sub-registrars hold Courts only u/s 80F of the Indian Registration Act. The Sub-registrar directly supervises and controls ministerial licensed deed writers, copy writers and stamp vendors attached to his office. The Sub-registrars are also Marriage Registrars under the Hindu Marriage Act and are required to look to the registration aspect of deeds under the 1955 Act, Transfer of Property Act, Wealth Tax Act, Urban Land (Ceiling and Regulation) Act, Income Tax Act, etc. In other words, the principal and primary function of a Sub-registrar is to collect revenue for the State of West Bengal only by way of Registration whereby JLROs as Certificate Officers also collect revenue under the 1913 Act, 1953 Act" and 1955 Act.
29. A Sub-registrar, namely, Prabir Guha challenged to pay-scale granted to Sub-registrars under Article 226 of the Constitution of India (C.R. No. 19781(W) of 1984, Prabir Kumar Guha v. State of West Bengal and Ors. The ground for such challenge was that the work of the Sub-registrars merited a higher scale of pay than that fixed by the 1981 ROPA Rules.
After consideration of the nature of Sub-registrars duties and after hearing arguments put forward on behalf of the State Government the Hon''ble B.P. Banerjee J. by his judgment dated May 14, 1985, directed that the said Prabir Kumar Guha and others, sub-registrars, should be put in the revised scale of pay Rs. 660 to Rs. 1600.
Sub-registrars discharge limited duties in connection to registration of documents and collection of revenue. Sub-registrars are also required to maintain records u/s 80F of the Indian Registration Act.
30. The JLROs on the other hand have much wider duties, responsibilities, powers which are exercised over larger territory of jurisdiction.
31. The State Government preferred an appeal being F.M.A.T. No. 1952 of 1985 against the said judgment and order dated May 14, 1985.
The Appeal Court refused to grant stay in so far as the writ Petitioners were concerned. Thereafter, by an order dated March 13, 1987, the State Government granted Prabir Kumar Guha the pay scale of Rs. 660 to Rs. 1600 with effect from April 1, 1981, with the usual allowance.
32. Between 1971 and 1981 there has been a dramatic increase in the duties and responsibilities cast upon the JLROs as enumerated hereinabove. This increase in the'' nature of the duties and responsibilities and functions of JLROs has not at all been considered by the Pay Commission of the State Government.
33. In the sessions held by the Pay Commission the JLROs were not represented as such, nor were they given any opportunity of placing the full facts relating to the nature of duties and functions discharged by them.
34. It has been contended in the context and stating of the aforesaid facts that it was incumbent upon the State Government to consider all the facts relating to the service conditions of JLROs particularly when the functions of JLROs cover wide range of duties as stated above and are in fact at the hub of the land reforms and administration movement of the State Government.
35. It is the contention of the writ Petitioners that non-payment of a higher scale of pay to JLROs at least as payable under the W.B.C.S. (Ex.), Group-A, is violative of Articles 14, 16 and 23 of the Constitution of India.
36. It has also been contended by the writ Petitioners that in fixing the pay-scale of JLROs the Pay Commission did not at all apply its mind to the relevant factors, namely, the qualification required for being a JLRO, the nature of work, the experience involved, the responsibilities, undertaken, the mental and physical requirements, the nature of dealings with the public, the avenues of promotion available to JLROs and the hazardous nature of the duties and responsibilities of JLROs.
37. By awarding an inferior pay-scale of the JLROs the State Government has acted arbitrary, unjustly and in wholly discriminatory manner. There is no basis whatsoever for refusing to grant JLROs a higher scale of pay in keeping with the nature of the work done and responsibilities discharged by the JLROs are experienced and highly qualified in their field. Their entire service career are spent in the districts under very insecured, arduous and hazardous conditions. There is the reason why no woman candidate is considered for the post of JLRO.
38. The State Government has acted mechanically and partially in favour of the other services the members of which have easier access to the powers that be.
39. It has been contended on behalf of the Petitioners that in fixing the pay-scale of JLROs the Pay Commission did not at all apply its mind to the relevant factors, namely, the qualification required for being a JLRO the nature of work, the experience involved, the responsibilities undertaken, the mental and physical requirements, the nature of dealings with public, the avenues of promotion available to JLROs and the hazardous nature of the duties and responsibilities of JLROs.
40. The Petitioners have also contended that if comparison is made with the other services where Government had raised pay-scale, it will be evident that the Junior Land Reforms Officers have been singled Out for hostile discrimination. There is no basis upon which the Junior Land Reforms Officers cart be paid at a scale lower than of West Bengal Civil Services (Executive), Group-A. It has been contended that the refusal of the State Government to the Junior Land Reforms Officers, the scale of pay as given to other officers is discriminatory, arbitrary and unconstitutional. They contended that the State Government had not at all considered the increase in the duties and responsibilities and functions of Junior Land Reforms Officers conferred by various notifications after 1971 to 1981 and onwards.
41. It is also contended that the pay-scale of Junior Land Reforms Officers have been fixed in violation of the principles of natural justice and violation of Articles 14, 16, 23 and 39(d) of the Constitution of India.
42. The Petitioner submits that the State Government cannot treat the JLROs on the basis of their discrimination nor can they discriminate against JLROs on the basis of such designation when JLROs carry on the duties of Deputy Magistrates and Deputy Collectors/Certificate Officers at least at par with the officers under the W.B.-C.S.(Ex.), Group-''A'' and also discharge the function of collectors as an empowered Collector.
43. According to the Petitioner, the payment of lower scales of pay to JLROs is contrary to the expressed term''s and reference to the Pay Commission. There is no rational or reasonable foundation for classifying the JLROs in the matter of their pay-scales and other benefits separately from other officers in the W.B.C.S. (Ex), Group-''A''.
44. It has been contended that after separation of the judiciary from the Administration none of the officers of the State Government are empowered to discharge the functions of both judicial and administrative functions excepting the JLROs of West Bengal.
45. It has been contended in the context and setting of aforesaid facts that the scale of pay of the JLRO is totally unreasonable and irrational. It has been contended that in fixing the scale of pay of the JLROs the Government has ignored the nature of the duties and responsibilities of the JLROs. My attention has been drawn to several decisions of the Supreme Court in connection with the aforesaid proposition.
46. In
In addition to the principle of ''equal pay for equal work'', the pay structure of the employees of the Government should reflect many other social values. Apart from being the dominent employer, the Government is also expected to be a model employer. It has, therefore, to follow certain basic principles in fixing the pay scales of various posts and cadres in the Government service. The degree of skill, strain of work, experience involved, training required, responsibility undertaken, mental and physical requirements, Disagreeableness of the task, hazard attendant on work and fatique involved are, according to the 3rd Pay Commission, some of the relevant factors which should be taken into consideration in fixing pay scales. The method of recruitment, the level at which the initial recruitment is made in the hierarchy of service or cadre, minimum educational and technical qualifications prescribed for the post, the nature of dealings with the public, avenues of promotion available and horizontal and vertical relatively with other jobs in the same service or outside are also relevant factors.
47. It has been contended and in my view rightly, that in fixing the scale of pay of the JLROs the Government ought to have considered the nature of duties performed by the JLROs. I have already set out the powers and functions and duties and responsibilities of the JLROs. In fixing the pay scale of the JLROs the Pay Commission did not apply its mind in fixing the pay scale of the JLROs. The Pay Commission did not at all apply its mind to the relevant factors, namely, the qualification required for being a JLRO, the nature of work, the experience involved, the responsibilities under the mental and physical requirements, the nature of dealings with the public, the avenues of promotion available to JLROs and the hazardous nature of the duties and responsibilities of JLROs.
48. The Assistant Secretaries (GS) have been granted a Special Pay in spite of the fact that they hold nontransferable posts within the city of Calcutta. JLROs on the other hand have specially arduous duties and are carrying out specific additional work and responsibilities. The work of a JLRO is normally in a village where the conditions are unhealthy and without any amenities or other conveniences. Apart from the physical discomforts the JLROs have to face hostile crowds in politically and socially dangerous conditions. Although JLROs fulfil all the conditions meriting the payment of special pay within the meaning of Rule 5(33) set out above, no special pay has been sanctioned by the State Government in favour of JLROs.
49. The Supreme Court in Union of India v. Santiram Ghosh AIR 1989 S.C. 402 (405-06, para. 10) Per Murari Mohan Dutta J. has observed as follows:
Thus, before diving the grade of Scientific Assistants into two levels, it is necessary to consider the nature of work performed by the Scientific Assistants. In other words, the two levels, as recommended by the Pay Commission, can be brought into existence, if the nature of work which is being performed by the Scientific Assistants of the Botanical Survey of India calls for some degree of originality and carrying out of independent work and investigations....
50. In my view, in the present scale of pay of the JLROs the Government did not consider the nature of duties and the responsibility undertaken by the JLROs. It does not appear that the Government at all considered this aspect of the matter in fixing the scale of pay of the JLROs who perform various duties and undertake other responsibilities in different cases as enumerated hereinbefore.
51. The next contention is that the scale of pay of JLROs is discriminatory and violative of provisions of Articles 14 and 16 of the Constitution of India. This contention has substance. JLROs have been denied equal pay although they perform equal work or more work than the Block Development Officers and Deputy Magistrate.
52. The Supreme Court has held in innumerable decisions that denial of equal pay for equal work offends Article 14 of the Constitution of India. The principle of equal pay for equal work is deducible from Articles 14 and 16 read with Article 39(d) and may properly be applied to cases of unequal pay based on no classification or irrational classification. See :
53. It is well-settled that persons doing similar work cannot be denied equal pay on the ground that mode of recruitment was different. Where all relevant things such as qualifications, functions, duties and responsibilities are the same as between two groups of officials, denial of equal pay to both the groups amounts to violation of Articles 14 and 16 of the Constitution of India. Sec
53A. Reference may also be made to the decision of this Court in West Bengal Fire Service Association v. State of West Bengal and Ors. 1988 (1) C.L.J. 165. There this Court held that every activity of the Government, has a public clement in it and it must, therefore, be informed with reason and guided by public interest. The Government cannot act arbitrarily and without reason and if it docs its action would be liable to be invalidated.
54. It has also been contended that designation alone cannot be a discriminatory factor between the classes of employees otherwise similarly situated. Reference may be made to a decision of this Court in Tapan Kumar Nath v. The Director of Agriculture Engineering v. 1987 (1) C.H.N. 121. It has been held in that case that designation aLne cannot be a discriminatory factor. Discrimination in pay-scales between two classes of employees otherwise similarly circumstanced would be violative of Article 14.
54A. In fixing the salary of JLROs on the same scale as Sub-registrars, unequals have been treated as equals in violation of the provisions of Articles 14 and 16 of the Constitution of India. It has now been settled by the Supreme Court that just as equals cannot be treated unequally, unequals cannot be treated equally. The fixation of the scale of pay of JLROs is totally arbitrary and oppressive.
55. No affidavit-in-opposition has been filed on behalf of any of the Respondents except the Secretary, Board of Revenue, Government of West Bengal. The main contentions of the Respondents are : (i) heavy financial implications of granting JLROs the scale of pay demanded by them; (ii) the different mode of recruitment of JLROs the scale of pay demanded by them; (iii) scale of pay is commensurate with duties performed.
56. The duties, functions, powers and responsibilities are matters or record which cannot be controverted. Difference in mode of recruitment cannot be a valid ground for denial of equal pay for equal work. The placing of JLROs in Grade ''C'' of the W.B.C.S. (Executive) is in itself arbitrary and wholly irrational and is the subject-matter of challenge in this writ petition. The writ Petitioners cannot be deprived of their fundamental right merely because it would involve heavy financial implications or cause administrative inconvenience. Reference has been made to a decision in the case of Bradbury and Ors. v. London Borough of Enfield (1967) 3 All E.R. 434. Per Lord Denning M.R. There, Lord Denning M.R. observed as follows:
*** It has been suggested by the Chief Education Officer that, if any injunction is granted, chaos will supervene. All the arrangements have been made for the next term the teachers appointed to the new comprehensive schools, the pupils allotted their places and so forth. It would be next to impossible he says to reverse all these arrangements without complete chaos and damage to teachers, pupils and public. It must say this if a local authority does not fulfil the requirements of the law, this Court will see that it docs fulfil them. It will not listen readily to suggestions of ''chaos''. The Department Education and the Council are subject to the rule of law and must comply with it, just like everyone else. Even if chaos should result, still the law must be obeyed; but I do not think that chaos will result. The evidence convinces me that the ''chaos'' is much overstated. I sec no reason why the position should not be restored, so that the eight schools retain their previous character until the statutory requirements are fulfiled. I can well sec that there may be a considerable upset for a number of people, but I think it far more important to uphold the rule of law. Parliament has laid down these requirements so as to ensure that the electors can make their objections and have them properly considered. We must see that their rights arc upheld....
57. The aforesaid decision has been approved by the Supreme Court in
... it would be a great injustice to deny justice to those who have suffered injustice most merely because it may cause inconvenience to the administration. We arc governed by the Constitution and constitutional rights have to be upheld. Surely the Constitution must take precedence over convenience and a Judge may not turn a bureaucrat....
... if as a rule private employers in such situation are asked to pay back wages, we see no impediment in doing so in the case of those that arc expected to be model employer, i.e. the Government, public corporations and local authorities....
58. My attention has been drawn to a decision of the Supreme Court in the case of
We do not consider it necessary to traverse the case law on which reliance has been placed by Counsel for the Appellants as it is well-settled that equation of posts and determination of pay-scales is the primary function of the executive and not the jusidiciary and therefore, ordinarily Courts will not enter upon the task of job evaluation which is generally left to expert; bodies like the Pay Commission, etc. But that is not to say that the Court has no jurisdiction and the aggrieved employees have remedy if they are unjustly treated by arbitrary State action or inaction. (Emphasis added)
59. In the aforesaid decision a comparison was made between the Munsif and the Sub-registrar. The Supreme Court observed that there was no equality of work between Sub-registrar and the Munsif. The case of the Sub-registrars and the case of JLROs are not similar. The case of the JLROs is that JLROs are not pivots of the Land Reforms Organisation and heads of the Community Development Blocks in the matter of Land Reforms Administration. They are also the head of their Land Reforms Circle Offices. Administrative area of each Circle is co-terminus with the area of Community Development Block that means the area of one/two Police Station. They are also gazetted status.
59A. The duties, functions and responsibilities conferred upon JLROs by the State Government by framing Acts, Rules, Notifications, Circulars and Orders are Administrative, Executive, Judicial, Technical and so on. The said functions of JLROs are more onerous, hazardous, risky, highly responsible and powerful that of the Deputy Magistrate and the Deputy Collector/Block Development Officers-member of W.B.C.S. (Executive), Group ''A'' and Assistant Secretaries (General Service), but getting lesser pay-scale that of those officers and Assistant Secretaries. Therefore, naturally JLROs claimed identical pay-scale as has been allowed to the Assistant Secretaries (General Service) and special pay. Moreover, the State Government and its legal agencies never considered proper pay-scales for JLROs in spite of being represented by the Association of the JLROs.
60. In my view, therefore, the Petitioners arc entitled to higher scale of pay that they are enjoying now. The unrevised pay-scale of the Petitioners in terms, of ROPA, Rules, 1981, is Rs. 425-1050. The scale of pay enjoyed by the Assistant Secretaries belonging to the West Bengal General Service is Rs. 1100 to Rs. 1900 with effect from April 1, 1981. In other words, the Petitioners were given the scale No. 11 whereas the Assistant Secretaries had been given the scale No. 18. There is thus vast difference between the two scales. As indicated, the Assistant Secretaries have no judicial function. Their duties arc basically clerical in nature. The JLROs exercise (sic) jurisdiction similar to that of Block Development Officer. Similarly, the Deputy Magistrate/Block Development Officers we''re enjoying pay scale of Rs. 660 Rs. 1600 i.e. the scale No. 17. In my view, there is no rational behind the fixation of pay under the ROPA Rules, 1981. The scale of pay of the JLROs was not determined taking into consideration their duties and responsibilities. They were given scale No. 11 whereas the Assistant Secretaries had been given scale No. 18 and the Deputy Magistrates and Block Development Officers had been given the scale No. 17. In my view, the Petitioners are entitled to the higher scale of pay under the ROPA Rules, 1981. They shall be given higher scale which shall be commensurate with their duties and responsibilities, powers and functions. In my view, the Respondents shall fix the pay-scale of the Petitioners under the ROPA Rules, 1981, in scale No. 17. (Rs. 660-1600).
61. There is another aspect of the matter which has been highlighted at the time of hearing of this application in March 1984. It has been contended that posts of JLRO no longer exist. According to the Respondents, a scheme has been framed by the State Government and thereby the post of Kanungo, Grade ''I'' and that of JLROs had been integrated. The persons who were previously known as Kanungo. Grade ''I'' and JLROs are now known as Revenue Officers. It may be mentioned that on July 21, 1988, the notification No. 727-L dated July 21, 1988, was published in the official gazette. It appears from the said notification, that sanction was granted to the creation of scheme of introduction of integrated set up of the Land Reforms Administration in West Bengal. The said scheme was challenged in this Court and ultimately the matter went before the Supreme Court.
62. On January 29, 1991, the Supreme Court passed the following order:
Heard Counsel for the parties. We find that the impugned order of the State Government dated 18.2.89 in regard to the officers who feel aggrieved by that order and have come up by way of SLP categorically guaranteed to them enjoyment of benefits with respect to their pay-scales, seniority, Status, rank and promotion prospects by treating them to be continuing as Junior Land Recorms Officers the rank presently held by them. In view of the guarantees, the change over contemplated by the impugned order is not open prima facie to any challenge. We have been told that under the interim order of the High Court a scheme has been formulated. We are of the view that if in the Scheme that is proposed to be brought out, the guarantees contained in paragraph 3 are assured, the Petitioners should have no reasonable grievance to make. Accordingly, while declining to interfere with the order of the High Court and dismissing the SLP we direct that the scheme should be in paragraph 3 referred to above.
By consent of parties the benefit indicated in the order of the High Court regarding the gap of the period of service is extended upto 7.2.1991 and those who do not join by that date would not be entitled to the benefits of this order.
63. Thereafter the Supreme Court on a contempt application moved by the Secretary of Junior Land Reforms Officers Association passed the following order on July 9, 1991:
Our order dated 29th January, 1991, did not indicate that the post of Junior Land Reforms-Officer was to subsist. In fact, the backdrop in which the scheme was contemplated was abolition of that post and the creation of the post of Revenue Officer into which the former Junior Land Reforms Officer, were supposed to be fitted in. In such circumstances the Petitioners who have not asked us to take action for contempt could not report for duly for the post of Junior Land Reforms Officer. If they are interested to continue in service, they should be prepared to accept the post of Revenue Officer which is a substitute post.
While we dismiss the petition for contempt; we still give an opportunity to the Petitioners or such of them who arc prepared to join as Revenue Officer to report back for duty within a week from now.
64. From the order of the Supreme Court dated January 29, 1991, it appears that that there was a proposal for integrated set up and no scheme did come into effect. The Supreme Court therefore directed the State Government to formulate a scheme providing the guarantees as assured by the State Government before the Supreme Court. The State Government has not yet formulated any scheme. The stand taken by the State Government is that the notification dated July 21, 1988, contained the scheme. Thereafter, a notification was issued on February 18, 1989, after the interim order dated October 11, 1988, relating to notification No. 727-L dated July 21, 1988, was vacated by the Appeal Court. On February 16, 1989, a proposal for the creation of the post of Revenue Officer and abolition the of post of JLRO was initiated and thereafter, the said proposal appeared as a Government order dated February 18, 1989. If the order dated January 29, 1981, is read with the order dated July 9, 1991, of the Supreme Court and are harmoniously construed, there is no escape from the conclusion that although the designation of the Petitioners has been changed to Revenue Officer their pay-scale, seniority, status etc. remained the same as Junior Land Reforms Officer which have to be guaranteed.
65. In the premises, this application succeeds to the extent indicated below. The Petitioners are entitled to a higher scale which shall not be less than scale No. 17, under the ROPA Rules, 1981, i.e. Rs. 660-Rs. 1600. The Respondents are directed to give the said pay-scale to the Petitioners with effect from April 1, 1981. The Petitioner shall be entitled to corresponding revision of pay-scale from January 1, 1986, in terms of ROPA Rules, 1990. The Petitioners shall not be entitled to any arrear, but their basic salary shall be fixed from April 1, 1981, in the said pay-scale and thereafter, in the corresponding revised pay-scale under the ROPA Rules, 1990. They shall, however, be entitled to arears of pay under the ROPA Rules, 1990, as are being paid to all other employees of the Government. The Petitioners will be entitled to also the special pay which was allowed to them, but the Respondents are directed to consider the enhancement of the special pay having regard to the nature of duties performed and responsibilities undertaken by the Petitioners. Such special pay shall be payable to them from April 1, 1981, if not enhanced by the Government, (a) Rs. 50 which was admissible to them. The Respondents shall also give the benefit of the pay-scale, seniority and status etc. of the Junior Land Reforms Officer as admissible in terms of the orders of the Supreme Court as mentioned hereinabove although the designation has been changed to Revenue Officer. All interim orders will stand vacated.
66. Let this order be implemented within three months from the dale of communication of the signed copy of the minutes the operative part of this judgment and order.
67. All parties to act on a signed copy of the minutes of the operative part of this judgment on the usual undertaking.
