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2022 Supreme(Cal) 695

HARISH TANDON, RABINDRANATH SAMANTA
State Of West Bengal – Appellant
Versus
Confederation Of State Government Employees, West Bengal – Respondent


Advocates appeared:
Mr. S.N. Mookherjee, Learned Advocate General, Mr. Amitesh Banerjee, Advocate, Mr. Debasish Ghosh, Advocate, Mr. Shayak Chakraborty, Advocate, for the Appellant; Mr. Bikash Ranjan Bhattacharya, Senior Advocate., Mr. Firdous Samim, Advocate, Ms. Gopa Biswas, Advocate, Ms. Mousumi Hazra, Advocate, for the Respondent.

ORDER

Rabindranath Samanta, J. - This writ petition has been filed by the petitioners the State of West Bengal through the Chief Secretary and the Principal Secretary, Finance Department, Government of West Bengal, challenging the judgment and order dated 26.07.2019 passed by the West Bengal Administrative Tribunal (hereinafter referred to as the Tribunal) in O.A. No. 1154 of 2016.

2. Disgruntled at the inaction and discriminatory action on the part of the State towards grant of Dearness Allowance to its employees in terms of the West Bengal Services (Revision of Pay and Allowance) Rules, 2009 (in short ROPA Rules, 2009) the respondents Confederation of State Government Employees, West Bengal, Unity Forum, an organisation of the salaried employees of the State Government and two others namely Indranil Mitra and Gopal Majumder of the unions brought the aforesaid original application seeking the following reliefs:-

    ' a. A direction upon the respondents authorities to forthwith release the 50 % dearness allowance which is due upto January, 2006 immediately within a period of 1 (one) month from the date of receiving of the order;

    b. A direction upon the respondent authorities to immediatel

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