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2023 Supreme(Cal) 1287

ARIJIT BANERJEE, APURBA SINHA RAY
Ajay Kumar Dey – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
For the Appellants : Mr. Amitava Mukherjee, Ms. Arpita Saha, Ms. Ankita Ghosh.
For the KMC : Mr. Alak Kumar Ghosh, Mr. Swapan Kumar Debnath.

JUDGMENT :

1. The background of the present appeal, in a nutshell, may be narrated as hereunder.

Contention of the Appellants

2. The ten writ petitioners/appellants who joined the services of the Kolkata Municipal Corporation in different years for the post of Teacher received training at the teachers training centre run by the Kolkata Municipal Corporation at 34/A, Nirmal Chandra Street, Kolkata and after completion of 5 years service from the date of appointment, they were allowed to have the benefit of a revised scale of pay by virtue of a circular bearing No. 12 of 1985 – 86 dated 09.07.1985 issued by the Controller of Finance and Accounts of Kolkata Municipal Corporation. After revision, their existing scale of pay of Rs.300/- - Rs.685 was re-fixed at Rs.360/- - Rs.815/- and payment was received by the petitioners on the basis of such higher scale of pay. The pay of the petitioners were again revised in the year 1990 and also in 1999 on the basis of recommendation of Pay Commission appointed by the Government of West Bengal. On each occasion, fresh higher scale of pay was fixed for the petitioners having reference to their existing scale of pay. Suddenly the petitioners came to l

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