Sujoy Paul, J.:— This is second round of litigation before this Court for the same grievance. The claim of the petitioners is that being Hand Pump Attendants they are entitled to get the pay scale of 1150-1800. In the first round i.e WP. No. 9072/03, decided on 02-12-2004, the respondents contested the claim of the petitioner by filing a document dated 02/07 July, 1998 (Annexure R/1). This Court directed as under:—
“The said authority shall examine the matter and if it is found by him that the benefit of Annexure R-1 has not been given to the petitioners, the same may be given to them immediately, preferably within a period of three months, failing which the petitioners shall be entitled for simple interest @ 5% per annum. It is also made clear that if petitioners feel that they are entitled to be regularised and are entitled to get the regular pay scale from some earlier date, a representation in this regard be submitted by them to the said authority within a period of one month from today which shall be decided by the said authority within six months thereafter and necessary orders may be passed in accordance with law.”
2. The respondents did not extend the benefit of pay scale of 1150-1800 in favour of the petitioner. The Superintendent Engineer by communication dated 22-07-2006 (Annexure P/3) directed for extending the benefit of said judgment in favour of the petitioners. By order dated 22-04-1994, the said benefit of pay scale of 1150-1800 was extended in favour of similarly situated employees.
3. In the present case, a return has been filed by enclosing Circular dated 07-07-1994. On the strength of this circular, it is submitted that the petitioners are only entitled to get the pay scale of 950-1530. The claim of the petitioners is denied in a cryptic manner. No parawise reply is filed in the present case.
4. I have heard the parties at length and perused the record.
5. In the earlier WP, the document dated 02/07 July, 1998 was filed. The relevant portion of this document reads as under:—
(Emphasis supplied)
6. A plain reading of this document makes it clear that the regular pay scale of 1150-1800 has already substituted the earlier pay scale of 950-1530. The finance department has duly approved the said decision. In the present case, the respondents have based their return on Annexure R/1 in which the reliance is placed on an earlier order dated 03-05-1990 wherein an inferior pay scale was granted. In the opinion of this Court, order dated 02/07 July, 1998 superseded earlier orders in relation to grant of pay scale to the Hand Pump Mechanic. After passing the order dated 02/07 July, 1998 which became foundation of passing of order in the first round by this Court, it was not open to the respondents to rely on document dated 07-07-1994 (Annexure R/1) or on a pay scale which stood revised by order dated 02/07 July 1998. The respondents have not chosen to devote a single line in the return as to why the benefit of pay scale of 1150-1800 was extended in favour of similarly situated employees (Hand Pump Mechanics) (Annexure P/4) and the petitioners were put to a comparative disadvantageous position.
7. In the opinion of this Court, the reliance on Annexure R/1 dated 07-07-1994 is totally misconceived. The respondents have not filed the reply with clean hands. Their inaction to pay the benefit is not based on any justifiable reason.
8. The matter may be viewed from another angle. In the first round, the respondents themselves filed Annexure R/1 dated 02/07 July, 1998 with their reply. On the basis of this reply, earlier petition was disposed of. Thus, the respondents are bound by principle of “promissory estoppel” and cannot deny the benefit on the basis of impliedly superseded pay scale as per order dated 03-05-1990/07-07-1994.
9. In the considered opinion of this Court, this is an avoidable piece of litigation. The respondents have unnecessarily compelled the petitioners to file the present petition. The respondents have extended the benefit of pay scale of 1150-1800 to the similarly situated persons but deprived the petitioners despite their own stand taken in earlier round.
10. Considering the aforesaid, I deem it proper to allow this petition and impose cost on the respondents. Resultantly, the respondents are directed to extend the benefit of pay scale of 1150-1800 to the petitioners from due date with 5% interest as directed in WP. No. 9072/03 and pay the entire arrears to the petitioners within 120 days from the date of production of copy of this order. The respondents shall also pay Rs. 25,000/- as cost to the petitioners. The amount of cost may be recovered by the State from the erring officials.
11. The petition is allowed with cost.