State of West Bengal vs Confederation of State Government Employees, West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1265

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

Advocates:
Advocate Appeared:
For the Applicants : Mr. S. N. Mookherjee, Ld. Adv. General, Mr. Sanjay Basu, Adv., Mr. Shayak Chakraborty, Adv., Mr. Piyush Agrawal, Adv., Ms. Ujjaini Chatterjee, Adv., Ms. Utsha Dasgupta, Adv., Ms. Shrivalli Kaharia, Adv.
For the Respondents: Mr. Kallol Basu, Adv., Mr. Loknath Chatterjee, Adv., Mr. Suman Banerjee, Adv., Mr. Guddu Singh, Adv., Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Firdous Samim, Adv., Ms. Gopa Biswas, Adv., Ms. Mousumi Hazra, Adv., Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Prabir Chatterjee, Adv., Mr. Dilip Kumar Chatterjee, Adv., Mr. Suprovat Bhattacharyya, Adv., Mr. Durga Bhusan Mukherjee, Adv., Mrs. Debolina Banerjee, Adv., Mr. Tapan Kumar Mukherjee, Sr. Adv., Mr. Rabindra Narayan Dutta, Adv., Mr. Hare Krishna Halder, Adv.

JUDGMENT :

Harish Tandon, J.

1. The instant review application has been taken out assailing the judgment and order dated 20th May, 2022 passed in WPST no. 102 of 2020 primarily on two grounds. Firstly, there is an error apparent in the said judgment on the face of the record and secondly, there was a mistake on the part of the arguing Counsel in not referring several Government orders issued by the Finance Department, Government of West Bengal releasing the instalments of Dearness Allowance (for short, “DA”) to its employees with effect from April 1, 2008 to January 1, 2019.

2. Though the several grounds have been taken for review of the said judgment and order in the memorandum of review as well as an application filed therein, yet, the learned Advocate General has squeezed his argument on the aforesaid two points adumbrated herein before.

3. Being conscious of the scope of review provided under Order 47, Rule 1 of the Code of Civil Procedure and the power of the Court in exercising such powers, the salient facts of the instant case is required to be narrated for the purpose of brevity, clarity and dealing with the points urged before us by the State of West Bengal.

4. The 5th Pay Comm

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2022 Supreme(Cal) 1265

HARISH TANDON, RABINDRANATH SAMANTAState of West Bengal – AppellantVersusConfederation of State Government Employees, West Bengal – Respondent

Cases Referred (4)

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