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2021 Supreme(Cal) 43

RAJESH BINDAL, ANIRUDDHA ROY
Principal Secretary, Department of Finance, Government of West Bengal – Appellant
Versus
Amalendu Bikas Mohapatra – Respondent


Advocate Appeared:
For the Appellant :Mr. Joytosh Majumder, Mr. Pinaki Dhole, Ms. Kakali Samajpaty, Advocates
For the Respondent: Mr. Amalendu Bikas Mahapatra

ORDER :

Aniruddha Roy, J.

1. The present writ petition has been filed by the State employer challenging the order dated April 3, 2019 (for short, the impugned order) passed by the West Bengal Administrative Tribunal, Kolkata (for short, the Tribunal) in OA No. 1366 of 2014 (Amalendu Bikas Mahapatra vs. The State of West Bengal & Ors) [for short, the Original Application], whereunder, direction was made for revision of the leave encashment of the first respondent in the manner stated therein.

2. The first respondent was employed as Assistant Evaluation Officer under the Administrative Control of Additional Director of Agriculture (Evaluation), Directorate of Agriculture, West Bengal. He superannuated on August 31, 2007. The first respondent had received all his retirement benefits as well as pension as on the date of his superannuation. Subsequently, the Revision of Pay and Allowances Rules, 2009 (for short, ROPA 2009) came into force w.e.f. January 1, 2006. According to the first respondent he had received the revised pension payment order on May 3, 2011 for difference of gratuity and Commuted Value of Pension. The grievance of the first respondent was that the leave encashment for un

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