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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Pankaj Kar Chaudhuri – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The appeal is in assailment of judgment and order dated February 07, 2024, passed in WPO No. 729 of 2017.
2. By the impugned judgment and order the learned Single Judge, dismissed the writ petition filed on behalf of the appellant writ petitioners on the ground of delay in approaching the court. Learned Single Judge also observed that in the writ petition, the writ petitioners had not challenged the decision of the KMC authorities dated 6th June, 2017 rejecting the prayer of the petitioners to grant pay protection in order to bring pay parity in between the petitioners and the Respondent no.9.
3. It was contended on behalf of the appellants that there was factually no delay in approaching the court. Learned Single Judge erred in holding that the appellants filed the writ petition with a delay of more than 5 years. The appellants also disputed the finding of the Learned Single Judge to the effect that the cause of action arose in the year 1996. It was submitted that although, the disparity in the pay packet of the writ petitioner and Respondent No.9 arose in 1996, the writ petitioners preferred representation against such disparity contemporaneously
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.
Equal pay for equal work must consider seniority, qualifications, and nature of work, establishing that discrimination against meritorious employees is unconstitutional.
Entitlement of a senior employee to stepping up of pay equal to that of a junior employee, conditions for stepping up of pay, and the applicability of various judgments related to equal pay for equal....
The principle that a senior employee cannot receive less pay than a junior is upheld, prompting the court to direct equal pay adjustments based on established seniority and promotion timelines.
The main legal point established in the judgment is the entitlement of the petitioner, as a diploma holder, to the grade of Rs.5700-10100 retrospectively from the date of his initial appointment, emp....
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