Engineers Welfare Forum & Anr vs The West Bengal Power Development
2022 Latest Caselaw 2269 Cal

    131                   IN THE HIGH COURT AT CALCUTTA
21.04.2022                CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                         APPELLATE SIDE
                                   CAN 1 of 2022
                                        In
                                  WPA 9957 of 2020

                           Engineers Welfare Forum & Anr.
                                          Vs.
                          The West Bengal Power Development
                              Corporation Limited & Ors.

                         Mr. Soumya Majumder,
                         Ms. Sanjukta Dutta
                                    ... For the applicants/petitioners.

                         Mr. Biswaroop Bhattacharya,
                         Mr. Sandip Dasgupta,
                         Mr. Aviroop Mitra
                                           ... For WBPDCL.


                                  In re: CAN 1 of 2022



                   Affidavit of service filed in Court today is taken on

             record.

                   The writ petition has been filed by the Engineers

             Welfare Forum and its Secretary for payment of the

             difference in Dearness Allowance (DA) between the Central

             Government rate and the State Government rate to the

             members of the petitioner no.1, for the period from 1st

             July, 2016 to 30th June, 2019 along with interest. The

             petitioners say that this issue is no more res integra as it

             has been decided by a Division Bench of this Court in

             MAT   501    of   2020   (West   Bengal   State   Electricity

             Transmission Co. Ltd. & Ors. Vs. West Bengal State

             Electricity Board Engineers Association & Ors.) with MAT

             502 of 2020 (West Bengal State Electricity Distribution
                                   2




Co. Ltd. & Ors. Vs. West Bengal State Electricity Board

Engineers Association & Ors.), by a judgment and order

dated 17th September, 2021. The challenge to the said

judgment and order passed by the Division Bench had

ended before the Hon'ble Supreme Court of India with the

dismissal       of   the    Special   Leave     to     Appeal   being

No.2947/2022. The Special Leave Petition was dismissed

on 4th March, 2022. The petitioners, therefor, are seeking

release of the difference in the DA, as prayed for in the

writ petition, by filing the instant application, being CAN 1

of 2022.

      On behalf of the respondents, on instruction, it is

submitted that against the order dated 4th March, 2022, a

review, being Diary No.12313 of 2022 registered on 20th

April, 2022 has been filed before the Hon'ble Supreme

Court by West Bengal State Electricity Transmission

Company Limited & Ors., which is pending.

The application is, therefor, adjourned to enable the

parties to know the outcome of the said review

application, if any, filed before the Hon'ble Supreme

Court.

In re: WPA 9957 of 2020

The writ petition is not yet ready for hearing as the

affidavits are not complete, despite there being direction

for the same. The affidavit-in-opposition affirmed on 12th

March, 2022, on behalf of the respondents filed in Court

today is taken on record. The petitioners are granted time

to file affidavit -in-reply by 4th May, 2022.

Let the writ petition along with CAN 1 of 2022

appear on 5th May, 2022.

(Arindam Mukherjee, J.)