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.