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1997 Supreme(SC) 274

K.RAMASWAMY, S.SAGHIR AHMAD
Calcutta Municipal Corporation – Appellant
Versus
Sujit Baran Mukherjee – Respondent


ORDER

Leave granted. We have heard learned counsel on both sides.

2. These appeals by special leave arise from the impugned order, made on February 2, 1993 by the Calcutta High Court followed by contempt petition, clarification petition etc. of Calcutta High Court.

3. The admitted position is that the respondents, viz., Tapan Kumar Paul and others, Sujit Baran Mukherjee and others and one Shankar Bose, all wee initially appointed as Junior Copyists on May 12, 1969. Their inter se seniority was determined on the basis of their respective date of birth. Subsequently, Shankar Bose was transferred to the Secretariat Department whereat he had to discharge arduous duty for which he was paid special pay of Rs. 50/- per month. Consequent upon revision of the pay scales effected in 1981, the pay of the respondents and others came to be revised. The special pay paid to Shankar Bose got merged with his pay in the revised pay scales. Consequently, he started drawing higher pay than Tapan Paul, Sujit Baran Mukherjee and others. Tapan Paul and others filed writ petition in the High Court seeking upgradation of their scale of pay so as to be on par with that of Shankar Bose. The writ petition was










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