Sri Sudarshon Pradhan vs The Kolkata Municipal ...
2022 Latest Caselaw 8053 Cal

09.   05.12.2022
       Ct. No.6
      Tanmoy


                                         FMA 1301 of 2022

                                  Sri Sudarshon Pradhan
                                         -Versus-
                         The Kolkata Municipal Corporation & Ors.

                                              With
                                      IA No: CAN/1/2022



                        Mr. Anil Kumar Chattopadhyaya, Adv.

                                                   ...for the appellant.

                        Mr. Alok Kr. Ghosh, Ld. Sr. Adv.,
                        Mr. Swapan Kr. Debnath, Adv.

                                                   ...for the KMC.



                        Heard Mr. Chattopadhyaya, learned Advocate for

                   the appellant and Mr. Ghosh, learned Senior Counsel for

                   the Kolkata Municipal Corporation (KMC).

                        The appeal is preferred against a judgment and

                   order dated September 1, 2022, whereby the appellant's

                   writ petition being WPA 29922 of 2016 was dismissed as

                   being devoid of merit.

                        The appellant was an employee of the Corporation.

                   He claims that he was promoted thrice in the course of

                   his service, first, to the post of Air Compressor Operator

                   on   February   26,    1994;   second,   to   the   post   of

                   Chargehand on April 1, 1996 and then to the post of

                   Foreman on December 16, 2006. He retired as Foreman

                   on May 31, 2011.
                               2




     He had approached this Court earlier by filing W.P.

13285 (W) of 2012, which was disposed of by a learned

Single Judge by a judgment and order dated August 28,

2014 by directing as follows:-

           "Accordingly, the respondents are directed to refix the

petitioner's scale of pay notionally in the posts of Air Compressor Operator, Chargehand and Foreman on and from 26th February, 1994, 1st April, 1996 and 16th December, 2006 respectively and to grant the actual financial benefits to the petitioner, pertaining to such refixation, on and from date of filing of the instant writ application, i.e., 26th June, 2012. Such direction shall be complied with by the respondents within a period of eight weeks from the date of communication of this order."

Mr. Ghosh, learned Senior Counsel appearing for

the Corporation says that the Corporation has carried

out the aforesaid directions. The pay scale of the

appellant was re-fixed in terms of the order of this Court

in the earlier writ petition and the entire dues of the

appellant have been paid.

Mr. Chattopadhyaya, representing the appellant,

seeks a little time.

List the matter once again on December 12, 2022.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)