Rupak Dey vs State Of West Bengal & Ors
2023 Latest Caselaw 4833 Cal

      07.08.23
112   Ct. No.25
        Sws.M
                             WPA 19649 of 2022

                                 Rupak Dey
                                    vs.
                        State of West Bengal & Ors.


                   Mr. Saibal Acharya
                   Mr. Ambu Bindu Chakraborty
                   Ms. Mrinmoyee Roy Chowdhury
                                              ...for the petitioner

                   Mr. Pinaki Dhole
                   Mr. Avishek Prasad
                                                       ...for the State

                         Mr. Dhole, learned counsel appearing on

                  behalf of the State-respondents submits that the

petitioner was not getting lesser pay compared to

a Block Level Accountant (BLA). The petitioner

was withdrawing his salary month by month as a

District Level Accountant (DLA), even though he

was assigned the duties of a DLA temporarily.

Admittedly, the post of BLA is lower than

the post of DLA. The petitioner was engaged as a

DLA by a letter of engagement dated August 5,

2015. There is also no provision for transfer in the

recruitment notification dated July 2, 2014,

pursuant to which the petitioner was engaged.

Prima facie, this Court is of the view that a

person cannot be deputed to a lower post without

his consent, by the employer. A beneficiary

reference may be made to a judgment of the Apex

Court reported in (1997)8 SCC 372 (State of

Punjab & Ors. vs. Inder Singh & Ors.).

       Let       the   matter   appear    for    further

consideration under the same heading            'Motion'

on August 25, 2023.

All parties shall act on the server copies of

this order duly downloaded from the official

website of this Hon'ble Court.

(Lapita Banerji, J)