Pulak Baran Chakraborty vs The Union Of India & Ors
2023 Latest Caselaw 2953 Cal

   3.
26.4.2023
   S.D.

                                  W.P.A. 22675 of 2022

                               Pulak Baran Chakraborty
                                         Vs.
                               The Union of India & Ors.

                  Mr. Uttiya Ray
                  Mr. Arnab Mandal
                                          ... For the Petitioner

                  Mr. Manik Das
                              ....For the Respondent Nos. 5 to 7

Ms. Sumita Sarkar ..For the Union of India

Mr. Ray, learned counsel appearing on behalf of the

petitioner relies on several judgments.

He relies on the judgments reported in (2009) 3 SCC 94

(Gurcharan Singh Grewal vs. Punjab State Electricity Board

and Ors.), AIR 1997 SC 1783 (Union of India & Ors. vs. P.

Jagdish & Ors.), (2022) 6 SCC 183 (Union of India & Ors. vs.

C.R. Madhava Murthy & Anr.) and (2022) 6 SCC 187 (Manoj

alias Monu alias Vishal Chaudhary vs. State of Haryana

and Anr.) in support of his contention that in case there is an

anomaly in the fixation of pay between a junior and a senior

in the same grade with the effect of the senior drawing a

lesser scale of pay, then such anomaly will be removed by

"stepping up" the pay of the senior so that it is equal to the

pay drawn by the junior.

Mr. Das, learned counsel appears on behalf of the

Eastern Coalfields Limited/ECL and submits that the Circular

dated September 6, 2011 has to be construed strictly. ECL is

an autonomous body/Public Sector Undertaking and is not

bound by the fundamental rules applicable to the Central

Government and the State Government employees.

Let the matter appear for further consideration on May

17, 2023 under the same heading "For Orders".

All parties shall act on the server copy of this order

duly downloaded from the website of this Court.

(Lapita Banerji, J.)