(Ab) vs The State Of West Bengal & Ors
2021 Latest Caselaw 4367 Cal

Court No. 24                 W.P.A. 9348 of 2021
23.08.2021                  (via video conference)
(Item No. 56)
                           Khandkar Shamsher Ali
(AB)                                 VS
                       The State of West Bengal & Ors.

                Ms. Ananya Neogi
                Mr. Guddu Singh
                                   ........... For the petitioner
                Mrs. Tapati Samanta
                                    ....... For the State


                       The petitioner retired as a Librarian of Rural

                Library on attaining his normal age of superannuation

                on 30.11.2001. The P.P.O. was issued in his favour on

                09.10.2002 and the petitioner by this time has

                received all his retiral dues.

                       Presently the case of the petitioner is that he is

                entitled to a higher scale of pay in view of enhancing

                his educational qualification prior to the cut off date

                that is on 21st July, 1990.

                       The petitioner relies upon the order passed by

                the Hon'ble Supreme Court in Civil Appeal 6967-6970

                of 2009 arising out of FMA No. 119-122 of 2002.

                       The petitioner made a representation before

                the respondent authorities on 28th February, 2020

followed by a notice demanding justice on 04.01.2021.

The grievance of the petitioner is that his

representation has not been considered till date.

The learned advocate for the State respondent

submits that the appeal which was filed by the State

was disposed of by the Hon'ble Division Bench on

04.05.2018 and after which the matter travelled up to

the Hon'ble Supreme Court wherein order was passed

thereafter.

As it appears from the submissions of the

parties that the representation of the petitioner

praying for re-fixation of his pay is pending

consideration at the end of the respondent

authorities, accordingly the instant writ petition is

disposed of by directing the Director of Library

Services, Government of West Bengal being the

respondent No. 4 herein to consider the said

representation filed by the petitioner strictly in

accordance with law, and in the light of the judgment

passed by the Hon'ble Division Bench of this Court

duly affirmed by the Hon'ble Supreme Court at the

earliest, but positively within a period of eight weeks

from the date of communication of a copy of this

order. The said respondent shall pass a reasoned

order and communicate the same to the petitioner

immediately thereafter.

The petitioner is directed to forward all the

necessary documents in his support to the aforesaid

respondent at the time of communicating the order of

this Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as

possible.

(Amrita Sinha, J.)