Uttam Kumar Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 4057 Cal

    2                       IN THE HIGH COURT AT CALCUTTA
07.07.2022                 CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                           APPELLATE SIDE
                                   WPA 11037 of 2021

                                    Uttam Kumar Das
                                            Vs.
                              The State of West Bengal & Ors.

                           Mr. Prasenjit Debnath,
                           Ms. Punam Basu
                                       .... For the petitioner.

                           Ms. Tapati Samanta
                                           ... For the respondent no.3.

Affidavit of service filed in Court today is taken on

record.

It is submitted by the petitioner that he is entitled to

higher scale of pay on having acquired higher educational

qualification during his service tenure. The petitioner has

retired from the services on having attaining the age of

superannuation with effect from 28th February, 2019.

The issue, according to the parties, is squarely

covered by a Division Bench judgment of this Court

reported in (2018) 4 CHN (Cal.) 131 (Pradip Kumar

Karak & Ors. Vs. The State of West Bengal & Ors.).

The judgment was delivered prior to the petitioner's

retirement.

The petitioner has made a representation claiming

higher scale of pay on 4th June, 2022.

Since the petitioner's claim is covered by the

judgment in Pradip Kumar Karak (supra), the petitioner is

entitled higher scale of pay. The Director of Library

Services, Government of West Bengal, being the

respondent no.2, is directed to consider the petitioner's

representation and only decide on the date from which the

petitioner is entitled to the higher scale of pay and grant

the petitioner the arrears and all other benefits as per

such higher scale of pay. The entire exercise should be

completed within a period of three months from date.

The respondent no.2, shall upon deciding the date

from which the petitioner is entitled to the benefit of

higher scale of pay shall immediately intimate the

petitioner about his decision i.e. the date from which the

petitioner will be entitled to the higher scale of pay.

Nothing further remains to be adjudicated in this

writ petition. The same is disposed of accordingly without

any order as to costs.

Since I have not called for any affidavits, allegation

made in the writ petition are deemed to have not been

admitted by the respondents.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of

necessary formalities.

(Arindam Mukherjee, J.)