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PARTHA SARATHI CHATTERJEE
Sourendra Nath Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. Questioning the justifiability of the reasoned order dated 11.4.2019 issued by the Additional Chief Secretary, Finance Department, Government of West Bengal in deference to the order dated 11th September, 2018 passed in W.P. No. 4951(W) of 2018 and praying for a writ of mandamus commanding the respondents to extend the benefits of modified pay-scale nos. 16, 17 and 18 of Pay Band (PB)-4A and PB- 4B of Revision of Pay & Allowance Rules, 2009 in terms of the notification vide. no. 691-F(P) dated 7th February, 2011, the present writ petition has been instituted.
2. Shortly put, a legal question which has spiraled up to this court seeking its quietus is whether or not the employees of Agricultural Training Centre, Ramrishna Mission Ashram, Narendrapur, Kolkata are entitled to the benefits of the notification dated 7th February, 2011.
3. To resolve the question, the brief facts which need to be adumbrated are as follows:-
The court established that arbitrary classification between similarly situated employees violates the principle of equality under Article 14 of the Constitution.
Denial of notional pay scale upgradation w.e.f. 01.01.1996 to Inspectors/Superintendents, when granted to comparable accounts cadres, violates Article 14 equality; uniform notional benefits mandated ....
Equal pay for equal work mandates uniform application of benefits across similarly situated employees, reinforcing that arbitrary denial of pay parity violates constitutional principles.
Employees retired before 01.01.2011 are entitled to revised pay benefits retroactively from 01.01.2006 on notional basis, addressing inequity in pension distribution.
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.
Pay scale upgradation for Inspectors/Superintendents entitled to notional effect from 01.01.1996 (5th CPC date) where parity with accounts cadres accepted, actual benefits from 21.04.2004; discrimina....
Employees similarly situated must receive equitable treatment regarding pay fixation as per Article 14, emphasizing uniform application of benefits.
The court established that employees are entitled to benefits under the Revised Pay Scale Rules from the date of their appointment, and any denial based on administrative inefficiencies or financial ....
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