Rabindra Nath Murmu & Ors vs Union Of India & Ors
2021 Latest Caselaw 5215 Cal

    21                    IN THE HIGH COURT AT CALCUTTA
28.09.2021               CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct23                          APPELLATE SIDE
                               (Via Video Conference)

                                 WPA 13881 of 2021

                              Rabindra Nath Murmu & Ors.
                                           Vs.
                                  Union of India & Ors.


                         Mrs. Nandini Mitra,
                         Mr. Sanjoy Saha
                                     ... For the petitioners.

                         Mr. Subhas Chandra Sarkar
                                         ... For respondent no.1

Mr. Baidurya Ghosal .... For BGVB

Affidavit of service filed in Court today is taken on

record.

Six employees of Bangiya Gramin Vikash Bank, (in

short, BGVB) have filed the instant writ petition, inter alia

for refund of the arrears salary deducted from each one of

them towards implementation of revised fitment.

The petitioners are directed to pay the deficit Court

fees, if any, by 5th October, 2021. The petitioners say that

by a judgment and order dated 26th September, 2014

passed in WP No.24421 (W) of 2005, the Circular and/or

Office Order on the basis whereof the deductions were

made from the salaries of the petitioners for revised

fitment have been set aside. The petitioners like all other

employees of BGVB are therefor entitled to refund the

deductions. The respondents had challenged the order

dated 26th September, 2014, but the appeal has been

dismissed for default. There is as such no embargo on the

petitioners in claiming the refund of the deductions made

for revised fitment.

After considering the materials on record and

hearing the parties, I find that the matter can be more

effectively adjudicated after allowing the respondents an

opportunity to disclose their stand on affidavit. There is

also no scope for passing any interim order at this stage.

Let affidavit-in-opposition be filed by 15th November,

2021. Reply thereto, if any, by 29th November, 2021. The

parties will be at liberty to mention the matter for

inclusion in the list under the heading, "Hearing" after

completion of affidavits or on expiry of the time provided

in this order for filing of affidavits, if no affidavits are filed.

(Arindam Mukherjee, J.)