State Fishery Officers Association,west Bengal & Anr. vs State Of West Bengal & Anr.
- SCC(1997) 9 SCC 65
- Neutral1997 INSC 310
- SCR[1997] 3 SCR 322
Ratio decidendi
The rule this decision rests on
Where financial benefits to government employees have been negotiated but the Finance Department was not a party to the agreement, no formal Government order was issued, and the Government subsequently adopts a policy decision to prospectively grant non-monetary benefits from a later date, the absence of the Finance Department's participation and the lack of a formal Government order preclude the Finance Department from being bound to grant monetary benefits with retrospective effect, and such a policy decision cannot be characterized as arbitrary merely because it diverges from the terms of the tripartite negotiation. Where a Government policy decision concerning the grant of financial benefits to employees falls within the realm of executive policy discretion and is not shown to be arbitrary, administrative tribunals cannot issue directions to the Government to grant monetary benefits in violation of that policy.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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:
O R D E R 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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