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SUBHENDU SAMANTA
Nabarun Debnath – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. Present petitioners are permanent staff of Netaji Subhas Open University (hereinafter referred as NSOU). Both of them were appointed by the process of direct recruitment at the post of Personal Assistant duly advertised through memorandum dated 29.03.2018. (For petitioner no. 1) and dated 05.12.2018 (for petitioner No. 2)
2. Petitioner No. 1 and 2 has joined the post of Personal Assistant at NSOU. This is the case of the petitioners that the advertisement regarding the appointment of Personal Assistant mentioned the scale of ay as Rs.9,000/---38,3,00/- with grade pay of Rs.4,600/-. After their appointment the Registrar of NSOU issued fixation orders in respect of the petitioners. However the Finance Officer of NSOU on 17.07.2020 issued a note sheet whereby grade pay for the post of Personal Assistant is revised from Rs.4,600/- to Rs.4,400/. Thereafter on 22.07.2020 on the strength of the note, the Registrar, NSOU along with the opinion of the Vice Chancellor of NSOU, revised of grade pay for the post of Personal Assistant of NSOU and initiated steps for recovery of excess drawl from the present petitioners. However on the same day a corrigendum of ap
Legal entitlement to pay scales depends on prescribed qualifications, emphasizing adherence to natural justice principles in administrative decisions.
The court emphasized the principle of equal pay for equal work, ruling that the petitioners were entitled to the same pay scale as their counterparts in other universities due to administrative error....
Appointment of the petitioner and the re-designation are concerned, both the issues have been given a quietus by this Court. It is not that the State Government was not aware about the appointment so....
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
The service conditions for Teachers in Aided Schools and Government Schools are distinct and separate, and the appointment based on the recruitment process is independent, precluding the entitlement ....
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