Calcutta High Court
Umesh Prasad And Ors vs The Board Of Trustees For The ... on 3 August, 2021
OD-2
WPO/284/2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
UMESH PRASAD AND ORS.
Versus
THE BOARD OF TRUSTEES FOR THE SHYAMA PRASAD MOOKERJEE
PORT KOLKATA (KOLKATA PORT TRUST) AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 3rd August, 2021
Appearance:
Mr. Saktinath Mukherjee, Sr. Adv.
Mr. Soumya Majumder, Adv.
Mr. Mainak Ganguly, Adv.
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Somnath Bose, Adv.
...for the respondent no.1
Mr. S. Bhattacharya, Adv.
Mr. Rudraman Bhattacharya, Adv.
Mr. Sunil Singhania, Adv.
...for the respondent nos.2 and 3
The Court : Affidavit of service filed in Court today be kept with the
record.
There are 59 petitioners. The petitioner nos.1 to 42 are in service
Pilots in Shyama Prasad Mookerjee Port, Kolkata, (formerly known as
Kolkata Port Trust). The petitioner nos.43 to 57 are superannuated Pilots.
The petitioner nos.58 and 59, are the family pensioners and/or legal heirs of
the deceased Pilots. The petitioners say that the Pilots were initially in the
pay scale of Rs.14,500 - 18,700. This pay scale was upgraded to Rs.16,000
- 20,800 with effect from 31st December, 2006. There was also a revision in
the pay scale of the Pilots which was revised to 32,900 - 58,000. The
benefit of the revision was notionally given effect to from 1.1.2007 and the
actual payments were made from September, 2010. The pay scale of Pilots
has been fixed at Rs.80,000 - 2,20,000 with effect from 1.1.2017. The pay
scale of the Pilots have now been sought to be fixed at 29,100 - 54,500
instead of upgraded and revised pay scale of Rs.32,900 - 58,000. There will
as such be reduction in the pay scale the benefits of which have been
enjoyed by the Pilots. The petitioners say that the upgradation and revision
of pay scale respectively with effect from 31.12.2006 and 01.01.2007 was
after concurrence of the Shyama Prasad Mookerjee Port Trust (then known
as Kolkata Port Trust), the Ministry of Shipping under which the said
Shyama Prasad Mookerjee Port Trust functions as also Ministry of Finance.
After such approval by accepting the recommendation of the Pay Revision
Commission (in short PRC), the respondents now cannot revisit the issue
and resile out their commitment by reducing the pay scale of the Pilots fixed
with effect from 1.1.2007 and recover the excess payments, if any, on the
basis of the upgraded and revised pay scale from the Pilots. The petitioners
have referred to a letter dated 1 st June, 2021 written by the Under Secretary
to the Government of India, Ministry of Ports, Shipping and Waterways
(PHRD Division) addressed to the Chairperson of All Major Port Trusts
including that of the respondent no.1 and to the Chief Administrative
Officer, Indian Ports Association. By referring to the letter, the petitioners
have tried to impress upon the Court that DoE has given its opinion by not
agreeing to the upgradation and revision of pay scale of the Pilots in
Shyama Prasad Mookerjee Port, Kolkata that took place on 31.12.2006 and
1.1.2007. Certain details have been also sought for in the letter from All
Major Port Trusts with regard to the previous pay scale of the Pilots and as
to whether such pay scale was higher than the pay scale now recommended
for, i.e., 29,100 - 54,500. The letter also invites proposal from Indian Ports
Association for a suitable plan for recovery of overpayments to the Pilots.
The petitioners further say that for Pilots who have joined the services of
respondent no.1 from 2013, the pay scale is 32,900 - 58,000. This pay
scale is, however, not proposed to be reduced to 29,100 - 54,500 as has
been recommended for the Pilots who have joined prior to 2013. This is
likely to cause further anomaly in the pay and allowances receivable by the
Pilots who have joined service prior to 2013 with those who have joined after
2013 though they perform the same job and share the same responsibilities.
The petitioners, therefore, at this stage seek an interim order in aid of the
final orders claimed by restraining the respondents and each one of them
from recovering any amount which according to the said respondents have
been overpaid and/or overdrawn by the petitioners for enjoying higher scale
than that of Rs.29,100 - Rs.54,500/- as also restricting the respondents
and each one of them to fit in the petitioners to the pay scale 29,100 -
54,500 against the upgraded and revised pay scale of 32,900 - 58,000
effective from 1.1.2007 which has now been revised to 80,000 - 2,20,000
with effect from 01.01.2017. The petitioners also referred to a judgment
passed by a learned Single Judge of this Court in W.P. No.1128 of 2016 (Dr.
Aminul Islam Khan and Ors. Vs. Board of Trustees for the Port of Kolkata &
Ors.) on 16th September, 2020. Referring to the said judgment, it is
submitted by the petitioners that in respect of other Class-I officers of the
respondent no.1 other than the Pilots, the recovery of excess payments due
to similar reduction in the pay scale has been quashed and/or set aside.
The said judgment and order is, however, under challenge in an appeal,
which is pending consideration.
On behalf of the respondent no.1, it is submitted that the said
respondent has to abide by the directions given by the Ministry of Shipping
and Ministry of Finance. The respondent no.1 is duty bound to furnish the
particulars sought for in the letter dated 1 st June, 2021 unless the Court
restrains the said respondent from doing so. The respondent no.1 further
submits that the upgradation and revision of pay scale was as per the
direction of the Ministry of Shipping and the Ministry of Finance. The
respondent no.1 had implemented such upgradation and revision. The
respondent no.1 has to abide by the directions given by the Ministry of
Shipping and Ministry of Finance for placing the Pilots in the pay scale
29,100 - 54,500 as directed after revisiting the upgradation and revision
that took place on 31.12.2006 and 1.1.2007.
On behalf of the respondent nos.2 and 3, it is submitted that the
judgment in Dr. Aminul Islam Khan (supra) has no manner of application in
the present case. That apart and in any event before passing any order, this
Court should await for the result of the appeal preferred against the said
judgment.
After considering the submissions of the respective parties and the
materials on record, it appears that the matter can be finally adjudicated
only after calling for affidavits. However, till the writ petition is finally heard
and disposed of on affidavits, the petitioners are entitled to an interim
protection otherwise the writ petition will become infructuous. If the
recovery of alleged excess payments is made from the petitioners or the
petitioner nos.1 to 57 and the predecessor-in-interest, the petitioner nos.58
and 59 are fitted to the pay scale 29,100 - 54,500, instead of Rs.32,900 -
Rs.58,000 the wit petition will become infructuous. The petitioners have
been able to make out a prima facie case. The balance of convenience and
inconvenience is also in favour of the petitioners and against the
respondents for passing an interim order.
In the aforesaid facts and circumstances, the respondent nos.1, 2 and
3 and each one of them are restrained by an order of injunction till the
disposal of the writ petition or until further orders whichever is earlier from
recovering any alleged excess payments or overdrawn amount from the
petitioners. The respondent nos.1, 2 and 3 and each one of them are
further restrained by an order of injunction from placing the petitioner
nos.1 to 57 and predecessor-in-interest of the petitioner nos.58 and 59 in
the pay scale 29,100 - 54,500 from their upgraded and revised pay scale of
Rs.32,900 - RS.58,000/- given effect to respectively on 31 st December, 2006
and 1st January, 2007 till disposal of the writ petition or until further orders
whichever is earlier.
Let affidavit-in-opposition be filed within a period of four weeks from
date; reply thereto, if any, within three weeks thereafter. Liberty to mention
for inclusion of the writ petition under the heading 'For Hearing' after nine
weeks.
(ARINDAM MUKHERJEE, J.)
B.Pal
