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2023 Supreme(Cal) 785

LAPITA BANERJI
Pulak Baran Chakraborty – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Uttiya Ray, Adv. Mr. Arnab Mandal, Adv.
For the Respondent: Mr. Manik Das, Adv., Ms. Sumita Sarkar, Adv.

JUDGMENT :

Lapita Banerji, J.

The petitioner is an ex-employee of Eastern Coalfields Limited (in short, “ECL”). The petitioner retired from service in 2012.

2. By an Office Memorandum dated May 02/07, 2009, the Coal India Limited (CIL) revised the pay of Board Level and below Board Level Executives of CIL and its subsidiary companies with effect from January 1, 2007. The existing scales of E1 to E5 and M1 to M4 were re-named as E1 to E9. The current and revised scales are reproduced in a tabular form hereinbelow for easy reference:

Sl. No.

Current

Revised

(i)

E1

(E1)

(ii)

E2

(E2)

(iii)

E3

(E3)

(iv)

E4

(E5)

(v)

E5

(E6)

(vi)

M1

(E7)

(vii)

M2 & M3

(E8)

viii)

M4

(E9)

3. All the Executives, who were on the rolls as on January 1, 2007, but, subsequently ceased to be in service on account of superannuation, resignation, VRS and death, were held to be eligible for benefits of revised scale upto the period they were in employment.

4. The petitioner was given the fitment benefit pursuant to the Circular dated May, 2009.

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