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SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
Board of Major Port Authority for the Shyama Prasad Mookherjee – Appellant
Versus
Ranjit Majumder – Respondent
JUDGMENT :
Subrata Talukdar, J.
1.Under challenge in this appeal is the Order dated 7th February, 2022 as modified by the Order dated 16th February, 2022 passed by the Hon’ble Single Bench in the writ petition being WPO 1423 of 2021 (Ranjit Majumder & Ors. Vs. The Board of Trustees for the Shyama Prasad Mookherjee Port, Kolkata).
2. The appellant before this Court is The Board of Trustees for the Shyama Prasad Mookherjee Port, Calcutta, formally known as Kolkata Port Trust/KPT and hereinafter referred to for short only as the Board or the said Board.
3. The respondents in this appeal are the writ petitioners in WPO 1423 of 2021 (supra). In the writ petition, the said Board was the respondent.
4. The Board challenges the Order dated 7th February, 2022 as modified by the Order dated 16th February, 2022 on the ground that the Hon’ble Single Bench ought not to have restrained the Board from recovering the excess payments made to the writ petitioners on the ground of up-gradation of their pay scales. The Board submits that the upgraded pay scales were granted to the writ petitioners on the recommendation of the Ministry of Shipping, however, with the rider that such upgraded pay scale shall
The principles of promissory estoppel and/or legitimate expectation cannot be invoked by the beneficiary of an act performed on the basis of a mistaken belief or a bonafide mistake for restraining an....
Approval required under the Dock Workers (Regulations) Act, 1948 cannot be inferred but must be express.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
Equal pay for equal work mandates uniform application of benefits across similarly situated employees, reinforcing that arbitrary denial of pay parity violates constitutional principles.
The tribunal affirmed that similar employees' pay should be upgraded equally, addressing violations of equality in pay scales and ensuring equitable treatment among all central government employees.
The main legal point established is that once a benefit is extended, the party is estopped from denying it later, and financial constraints are not a valid reason to deny rightful dues.
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