West Bengal Dairymens' Association (Animal Husbandry) & Ors vs B.P. Gopalika & Ors

We have heard Mr. R. Venkataramani, learned senior counsel for the petitioner and Mr. Kalyan Bandopadhyay, learned senior counsel appearing for the State of West Bengal with Mr. Kunal Chatterji, learned counsel.

This contempt petition has been filed alleging disobedience of judgment and order of this Court dated 24.04.2018 passed in C.A. No.6221/2013 - The State of West Bengal vs. West Bengal Dairymens Association and others. Learned counsel for the petitioner submitted that in view of the order of this Court dated 24.04.2018 a consequential order has been issued on 13.06.2018 by Government of West Bengal, the consequence of which is that the members of the petitioners/association have been pushed down to pre-revised scale nos.11, 12 and 13 with respect to their basic scale no.10 whereas on the date when the order dated 13.06.2018 was passed they were already in scale no.14 consequent to merger.

Learned counsel appearing for the State of West Bengal refuted the submission of the petitioners and contends that there is no violation of the order of this Court and the consequential order dated 13.06.2018 has been issued in pursuance of the direction of this Court where the petitioners had opted for benefit of CAS and MCAS as if the merger had not taken place. He submits that there is neither violation of the order nor present is a case for initiating any contempt proceeding. He further brought our attention to a chart showing the consequence of fixation of several employees and officers on the basis before the order and details subsequent to compliance of the order of this Court. He submitted that it is not a case that in all cases of all officers their salary has been reduced. He, however, does not dispute that with regard to few there may be reduction of their salary which they were drawing on the date when the order dated 13.06.2018 was passed. Mr. R. Venkataramani, learned senior counsel, sought to raise various contentions on the merits of the matter. His contention was that the order has been wrongly implemented.

We are of the view that as far as the order of this Court is concerned, there is no willful disobedience or non-compliance of the judgment by the State of West Bengal. Order dated 13.06.2018 cannot be said to have been issued disobeying any direction of this Court's order dated 24.04.2018. We, thus, are not inclined to proceed any further with the contempt petition. We, however, as noticed above, observe that in case of those members of the service, who in pursuance of the order of this Court dated 24.04.2018 got reduced salary which they were drawing on 13.06.2018, can very well approach the Head of the Department for redressal of their grievances since this Court's intent in passing the order dated 24.04.2018 was not that any of the officer should be pushed down and get a reduced scale.

We, thus, are of the view that the pay scale which the officers were getting on the date of the passing of the order dated 13.06.2018 should at least be protected and in event any of the officers whose salary has been reduced consequent to the order dated 13.06.2018 can approach the higher authority for protection of his salary.

Subject to above, the contempt petition is dismissed.