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IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Saha Institute of Nuclear Physics – Appellant
Versus
Supriya Gangopadhyay – Respondent
| Table of Content |
|---|
| 1. challenge to promotion and pay scale application (Para 1 , 2) |
| 2. arguments regarding eligibility and rules for promotion (Para 3 , 4 , 5 , 6 , 7) |
| 3. counterarguments regarding promotion norms and application (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's observations on administrative fairness (Para 15 , 16 , 17 , 18) |
| 5. clarification on precedent applicability and decision-making (Para 19 , 20) |
| 6. conclusion on appeal dismissal and judgment issuance (Para 21 , 22 , 23) |
JUDGMENT :
Tapabrata Chakraborty, J.
1. The present appeal being MAT 117 of 2023 has been preferred by Saha Institute of Nuclear Physics (hereinafter referred to as SINP) and its functionaries challenging an order dated 21.12.2022 passed by the learned Judge in the writ petition being WPA 20066 of 2022. A cross objection being COT 90 of 2024 challenging the self-same order has also been preferred by the writ petitioner, namely, Supriya Gangopadhyay (in short, Supriya). Both the appeal and the cross objection have been heard analogously. By the order impugned the learned Judge directed the authorities of SINP to grant notional benefits of the pay scale of Rs. 10,000/- to 15200/- with the grade pay of Rs
Court upheld the principle of equal pay for equal work, ruling that employees in similar positions must receive equal compensation without unjustified discrimination.
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....
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
Applicants entitled to Grade Pay of Rs.5400 after four years in Grade Pay of Rs.4800 as per established precedent.
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.
A government employee senior in service must not receive lesser pay than a junior in the same cadre, and the absence of justifiable reasons for pay disparity constitutes a violation of constitutional....
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
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