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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.(s). 6221   OF 2013 THE STATE OF WEST BENGAL                           Appellant(s)                                 VERSUS WEST BENGAL DAIRYMENS ASSOCIATION AND ORS          Respondent(s)

J U D G M E N T KURIAN, J. (1) The  appellant-State  approached  this  Court  with  certain grievances regarding the fixation of pay of the respondents.    (2) On  10th January,  2018,  Mr.  R.  Venkataramani,  learned senior counsel appearing for the employees, made a submission that had there been no merger of the two directorates, the employees belonging to the respondent association would have been in a better position under the Career Advancement Scheme, 1990 (CAS) which was further modified on 13th March, 2001 and subsequently followed by Modified Career Advancement Scheme, 2001 (MCAS).

(3) Having said that we may also, for the purpose of clarity, make a limited reference to the dispute in-question.

(4) At the time of merger of the two directorates, it is the case of the appellant-State that the employees were given the benefit of merger by granting higher pay-scales and hence they were denied the benefit of CAS and MCAS.  It was in that background, the above submission of learned senior counsel was

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noted.

(5) Today Mr. R. Basant, learned senior counsel appearing for the appellant-State, on instruction, submits that the State does not want to pick a quarrel on this issue.  In order to give a quietus, the State is prepared to grant the benefit of CAS/MCAS benefits to the employees, in case they forgo the benefits received under the scheme of merger.

In view of above, we dispose of this appeal as follows: (1) The  employees  of  the  respondent-organisation shall  be  granted  the  benefit  of  CAS/MCAS,  as  were granted to other government employees under the said Schemes. (2) The amounts already paid to the employees under the Scheme of Merger shall be adjusted while settling the monetary claims under CAS/MCAS.

(6) Needful shall be done by the appellant-State within two months from the date of receipt of copy of this judgment.

..........................J.                 (KURIAN JOSEPH)

..........................J.         (MOHAN M. SHANTANAGOUDAR)

..........................J.         (NAVIN SINHA)

NEW DELHI, APRIL 24, 2018.