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2013 Supreme(Cal) 227

NISHITA MHATRE, ANINDITA ROY SARASWATI
Benoy Bhushon Chakraborty – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocate Appeared:
For the Petitioners: Benoy Bhushon Chakraborty, In person.
For the Respondents:Ashok Banerjee, Govt. Pleader, Mrs. Chaitali Bhattacharyya, Mrs. Tapati Samanta (Ghosh), Anil Kumar Gupta, Advocates.
For the Union of India:Sanjay Bardhan, Surojit Bhattacharyya, Advocates.

Judgment :-

Nishita Mhatre, J.

1. The question involved in the present petition is whether the arrears of salary, which the petitioners are entitled to on the basis of the recommendations of the University Grants Commission (hereinafter referred to as U.G.C.), are to be paid in the first instance by the State Government which are then to be reimbursed by the Central Government or whether the State Government may pay the arrears after receiving the funds from the Central Government.

2. It is not in dispute that the petitioner Nos. 1 to 5 and 7 have all retired as Associate Professors from various Colleges whereas the other petitioners are still working as Associate Professors in the Colleges of West Bengal. On 31st December, 2008 the Union of India accepted the Scheme recommended by the U.G.C. to revise the pay scales of teachers in the Central Universities. Under the Scheme, the age of superannuation was enhanced for teachers in the Central Educational Institutions to 65 (sixty five) years. The Scheme was made applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges and Institutions deemed to be Universities wh






































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