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IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA, UDAY KUMAR
Lieutenant Governor – Appellant
Versus
Tarun Kanti Roy – Respondent
JUDGMENT :
AMRITA SINHA, J.
1. The writ petition is at the instance of the official respondents in the original application filed by an employee inter alia, seeking for quashing the impugned orders dated 14th January, 2008, 05th December, 2014 and all consequential orders passed pursuant thereto. Prayer in the original application was also made for awarding first financial upgradation under ACP Scheme with effect from 30th October, 2004 and MACP with effect from 29th October, 2012 when he completed 12 years and 20 years respectively in the appropriate scale of pay. Arrears and interest were also sought for.
2. The learned Tribunal vide impugned order dated 11th January, 2024 allowed the prayer of the employee and set aside and quashed the orders dated 04th January, 2008 and 05th December, 2014 and consequently directed the authority to pay the arrears with effect from 30th October, 2004 to the date of actual payment within forty- five days from the date of receipt of the certified copy of the order failing which interest at the rate as applicable to GPF deposits will be payable to the employee.
3. According to the petitioners, revision of pay of the employee was necessitated on detecti
Review petition dismissed due to inordinate delay and laches; no ACPS benefits for Group A posts with feeder grades.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
Similarly situated employees entitled to notional pay fixation w.e.f. 01.01.1996 and actual benefits from 21.04.2004 under 5th CPC upgradation; prior judgments in rem mandate parity despite delay in ....
Pay scale upgradation for Inspectors/Superintendents notionally w.e.f. 01.01.1996 with actual benefits from 21.04.2004; parity under Art.14 for similarly situated employees.
Employees cannot be penalized for erroneous financial upgrades awarded without their fault; recovery of overpayments is impermissible in equity.
Similarly situated employees entitled to uniform notional pay fixation from 01.01.1996 under 5th CPC anomaly rectification, with actual benefits from 21.04.2004; prior judgments in rem mandate parity....
Similarly situated employees entitled to notional pay upgradation w.e.f. 01.01.1996 under 5th CPC, actual benefits from 21.04.2004, ensuring Art.14 parity.
Similarly situated employees entitled to notional pay fixation w.e.f. 01.01.1996 under 5th CPC parity, actual benefits from 21.04.2004; Art.14 mandates uniform treatment.
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