Calcutta High Court
Ranjit Majumder & Others vs The Board Of Trustees For The ... on 7 February, 2022
OD-11
WPO/1423/2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
RANJIT MAJUMDER & OTHERS
Versus
THE BOARD OF TRUSTEES FOR THE SHYAMA PRASAD MOOKERJEE
PORT, KOLKATA (ERSTWHILE KOLKATA PORT TRUST) & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 7th February, 2022
Appearance:
Mr. Shaktinath Mukherjee, Sr. Adv.
Mr. Soumya Majumder, Adv.
Mr. Mainak Ganguly, Adv.
....for petitioners.
Mr. D.N. Ray, Adv.
Mr. Sunil Singhania, Adv.
...for Union of India
The Court : Affidavit of service filed in Court today be kept with the
record.
There are 44 petitioners. The petitioner nos.1, 9 to 11, 13 to 28, 30,
31, 41 and 42 are holding the post of Dock Pilots in Shyama Prasad
Mookerjee Port, Kolkata, (formerly known as Kolkata Port Trust). The
petitioner nos.3 to 8, 12, 37 to 40 are holding the post of Assistant Dock
Master being the immediate promotional post of Dock Pilots. The petitioner
nos.34 and 35 are holding the post of Deputy Dock Master. The petitioner
2
nos.36, 43 and 44 are superannuated Dock Pilots and/or Assistant Dock
Masters and/or Deputy Dock Masters. The rest of the petitioners are family
members and/or legal heirs of the deceased Dock Pilots and/or Assistant
Dock Pilots and/or Deputy Dock Master.
The petitioners say that the Dock Pilots were initially placed in the pay
scale of Rs.9100 - Rs.15,100. This pay scale was upgraded to 10750-300-
16750 with effect from 31 st December, 2006. There was also a revision in the
pay scale of Dock Pilots after five years and they were placed in the pay
scale of 13,000 - 18,250. The pay scale was revised subsequently. On
revision the pay scale of the Dock Pilots were 24,900 - 50,500 with effect
from 1st January, 2007. On further revision with effect from 1 st January,
2017 the pay scale of Dock Pilots have become 60,000 - 1,80,000. The pay
scale of the Dock Pilots are now sought to be revised to 50,000 - 1,60,000
ignoring the upgradation allowed on 31 st December, 2006 when the pay
scale of the Dock Pilots were upgraded to 10,750 - 16,750. The pay scale of
the Assistant Dock Masters were 14,500 - 18,700 which was revised to
29,100 - 54,500/- with effect from 1st January, 2007 and further revised to
70,000 - 2,00,000 with effect from 1 st January, 2017. The pay scale of
Deputy Dock Masters were 16,000 - 20,800. This was revised to 30,900 -
58,000 with effect from 1st January, 2007 and further revised to 80,000 -
2,20,000 with effect from 1st January, 2017. There will be as such reduction
in pay scale in case of Dock Pilots although they have been enjoying a
higher pay scale and as a cumulative effect the benefits of the pay scale as
offered to the Assistant Dock Master and Deputy Dock Master will also get
reduced.
3
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
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 1.1.2017 and recover the excess payments, if any, from the
Dock Pilots, Assistant Dock Master and Deputy Dock Master in view of the
upgradation and revision of pay scale that had taken effect long back.
The petitioners, therefore, at this stage seek an interim order in aid of
the final orders claimed in the writ petition 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 having enjoyed higher scale than that of Rs.20,600 - Rs.46,500/-. The
petitioners seek a restraint order against the respondents and each one of
them against their decision to fit in the petitioners to the pay scale of
Rs.20,600 - Rs.46,500 against the upgraded and revised pay scale of 24,900
- 50,500 effective from 1.1.2007 which was further revised to 80,000 -
2,20,000 with effect from 01.01.2017 and now being sought to be reduced
to Rs.50,000 - 1,60,000. The petitioners have 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 has to abide by the directions
given by the Ministry of Shipping and Ministry of Finance for placing the
Pilots in the pay scale 20,600 - 46,500 as directed after revisiting the
upgradation and revision that took place respectively 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 when it
reaches the final hearing. If the recovery of alleged excess payments is
made from the serving petitioners, retired Dock Pilots/Assistant Dock
Master/Deputy Dock Master or the successor-in-interest of the other
petitioners from the money they are to receive after fitting them in the pay
scale of 20,600 - 46,500, instead of Rs.24,900 - Rs.50,500 the writ 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 serving petitioners,
retired Dock Pilots/Assistant Dock Master/Deputy Dock Master or the
predecessor-in-interest of the other petitioners in the pay scale 20,600 -
46,500 from their upgraded and revised pay scale of 24,900 - 50,500/-
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.
Consequently, the injunction will be also operative in case of any recovery so
far as the Assistant Dock Masters and Deputy Dock Masters and/or the
successor-in-interest of the deceased Dock Pilots/Assistant Dock
Masters/Deputy Dock Masters are concerned.
Let affidavit-in-opposition be filed within a period of eight 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 twelve
weeks.
(ARINDAM MUKHERJEE, J.)
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