Calcutta High Court (Appellete Side)
Shri Jayanta Ghatak vs The State Of West Bengal & Ors on 1 December, 2022
01-12-2022
Item No.6
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
WPA No.3791 of 2020
Shri Jayanta Ghatak
-vs-
The State of West Bengal & Ors.
Mr. Gazi Faruque Hossain
Ms. Priyanka Mondal ...for the
petitioner
Md. T.M. Siddiqui
Mr. Pinaki Bhattacharyya ...for the State
The petitioner was appointed as an accountant in
Ram Krishna Mission Blind Boy's Academy (School
Education), Narendrapur on August 1, 2003 at the scale
of pay of Rs.3350-90-3800-100-4700-125-6325 plus
other allowances as admissible. Seeking enhancement of
the pay scale, the petitioner approached this court by
way of a writ petition being WP No.2657(W) of 2018. The
writ petition was disposed of by a single Judge of this
court directing the authority concerned to dispose of the
representation of the petitioner by a reasoned order. In
accordance with the order passed, the Director of Mass
Education Extension & Ex-officio Additional Secretary,
MEE & LS Department, Govt. of West Bengal disposed of
the representation of the petitioner by passing the
following order:-
"In compliance with the Hon'ble High Court passed on
18.01.2019 by His Lordship Hon'ble Justice Shekhar B. Sharaf in
W.P. No.26257(W) of 2018 in the matter of Sri Jayanta Ghatak -
vs- the State of West Bengal and Others, after giving the petitioner
the opportunity of hearing, the matter is disposed of allowing the
petitioner the scale of pay to Rs.4000-8850/- (unrevised)
corresponding to revised Pay Band No.3 (Rs.7100-37600/-) with
Grade Pay of Rs.3600/-, with effect from the date of institution of
the writ petition, i.e. 21.12.2018. The petitioner, however, shall be
entitled to notional benefit of higher scale of pay and also
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incremental pay from the date of his appointment, which shall be
relevant for the purpose computation of his retiral dues."
Learned counsel for the petitioner by referring to
an order dated September 3, 2019 passed by a Division
Bench of this court in FMA No.1794 of 2018 (Samir Roy
v. State of West Bengal & Ors.) submits that the
appellant therein circumstanced at the position as that of
the petitioner has been allowed the higher scale of pay
from the date of joining of his service. Learned counsel
also submits that this order of the Division Bench neatly
applies to this case on hand.
It appears that in compliance with the order dated
September 3, 2019 passed by the Division Bench in FMA
No.1794 of 2018, the Director of Mass Education
Extension, West Bengal allowed the higher scale of pay to
the appellant, Samir Roy, from the date of his joining.
Mr Siddiqui, learned advocate appearing for the
State, submits that since the Division Bench order dated
September 3, 2019 prevails over the similar subject, the
State cannot take any stand contrary to the Division
Bench order.
Having heard learned counsels appearing for the
parties and on consideration of the Division Bench order
dated September 3, 2019 passed in FMA No.1794 of
2019, I think that the prayers made by the petitioner
should be allowed.
Accordingly, the writ petition is allowed by the
following order.
The order dated March 28, 2019 passed by the
Director of Mass Education Extension & Ex-Officio Addl.
Secretary, Mass Education Extension & Library Services
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Department, West Bengal is hereby set aside.
The second respondent, the Director, (MME),
Department Mass Education Extension and Library Service Directorate, Government of West Bengal, is directed to allow the petitioner the scale of pay of Rs.4000-8850 (unrevised) corresponding to revised Pay Band 3, Rs.7100-37600/- with Grade Pay of Rs.3600/- with effect from the date of joining, that is August 1, 2003.
Arrears of pay if not paid to the petitioner, the second respondent shall pay the arrears commensurate with the aforesaid pay scale to him, within eight weeks from the date of communication of this order.
All parties are to act on the server copy of this order duly downloaded from the official website of this court.
Certified copy of this order, if applied for, shall be made available to the parties.
[Rabindranath Samanta, J] 4