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State Fishery Officers Assocn,wb v. State of West Bengal

Supreme Court of India · 21 March 1997 · [1997] 3 S.C.R. 322

Court
Supreme Court of India
Decided
21 March 1997
Case no.
SLP(C) No. 5388 of 1997
Reported as
[1997] 3 S.C.R. 322
Result
Dismissed
Bench
K. Ramaswamy, K.T. Thomas
Length
2 pages
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PETITIONER:
STATE FISHERY OFFICERS ASSOCIATION,WEST BENGAL & ANR.
Vs.
RESPONDENT:
STATE OF WEST BENGAL & ANR.
DATE OF JUDGMENT: 21/03/1997
BENCH:
K. RAMASWAMY, K.T. THOMAS

ACT

HEADNOTE

JUDGMENT

ORDER

This special leave petition arises from the order of the Administrative Tribunal, Calcutta, made on December 12,1996 in case No. TA- 268/96. the petitioners had a dialogue with the Government of West Bengal to revise the service conditions of the employees in the Fishery Department , namely, Assistant Fishery officers, Fishery Extension Officers etc. w.e.f April 1, 1961. There was an agreement reached between the Government and the Union of the first petitioner. Subsequently the Government have issued orders giving all the benefits except the monetary benefits from April 1, 1961 to April 1, 1981 Prospectively. The petitioners have filed the petition in the Tribunal seeking direction for payment of arrears on the premise that it was tripaartite agreement and, therefore, the Government is bound by the undertaking given in the agreement. The Tribunal has perused the record and stated thus,

"It appears from the documents on

record that the Finance Department

was a party not a to such

decisions. Nor does it appear that

subsequently concurrence of the

Finance Department was obtained in

this connection. Besides , it does

not appear that the decision were

translated in to any formal

Government order. Be that as it

may, it will not proper to grant

such financial benefits in favour

of Assistant Fishery Officers,

Fishery Extension officers, etc.

with effect from 1.4.1961 while

while other actions of the

Government where to take effect

only from 1.4.1981"

In view of the above finding and in view of the policy decision taken by the Government, it cannot be said that the decision of the Government is arbitrary. No direction can be given to the Government to grant the monetary benefits contrary to its policy which falls within the realm of the executive policy decision.

The special leave petition is accordingly dismissed.

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