Calcutta High Court (Appellete Side)
Rupnarayan Sarkar vs The State Of West Bengal & Ors on 18 August, 2023
18.08.2023 IN THE HIGH COURT AT CALCUTTA
DL-61 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 13522 of 2023
Rupnarayan Sarkar
Vs.
The State of West Bengal & Ors.
Mr. Srinjay Sengupta,
Mr. Saurav Roy,
Mr. Narattam Acharyya,
Mr. Ankush Ghosh,
....for the petitioner.
Mr. Jayanta Samanta,
Mr. Manik Lal De
....for the State.
Ms. Angana Dutta
.....for WBTCL.
The petitioner seeks for benefits of third Career
Advancement Scheme (CAS), pursuant to a memo
dated March 13, 2001 vide no.3105-F of the Finance
Department, Government of West Bengal. The
petitioner was an employee of West Bengal Transport
Corporation Limited (WBTCL).
Under the 2001 memo, the petitioner claims to
be entitled to three CAS benefits. The said memo is
applicable to the State Government employees with
effect from January 1, 2001. Under the said memo, a
Government employee who completed 8 years of
service without promotion would be given the first
higher scale in relation to him (first CAS), second
higher scale after completion of 16 years of service
(second CAS) and the third higher grade/any non-
2
functional grade upon completion of 25 years of
service (third CAS).
It is urged on behalf of the
respondent/Corporation that the petitioner is only
entitled to get two CAS benefits in terms of memo
dated June 21, 1990 effective from April 1, 1989,
issued by the Finance Department, Government of
West Bengal.
Under the said memo of 1990, a Government
employee who completed 10 years of service without
any promotion would get the benefits of first CAS. He
would also be entitled to second CAS benefit after
completion of 20 years.
Since the petitioner got a promotion to a
functional post he was not eligible for the first CAS
benefit. However, upon completion of 20 years of
service he was eligible for second CAS benefit with
reference to feeder post. Such benefits were given to
the petitioner.
Mr. Sengupta, learned counsel appearing on
behalf of the petitioner submits that the Hon'ble
Division Bench of this High Court clearly observed
that the appellant in APO No.139 of 2021
(Chandeshwar Singh vs. State of West Bengal &
Ors.) was held to be eligible for the benefits under
2001 memo.
The Hon'ble Division Bench held that the
benefits payable to the employees of WBTCL cannot
be restricted to a non-existent memo dated June 21,
1990 vide no.6075-F. The State respondents were
estopped from relying on the said non-existent memo.
Since August 2007 the only memo that was in
existence was the one dated March 13, 2001 effective
from January 1, 2001, vide memo no.3015-F of 2001,
the benefits of third CAS should have been considered
to be given to the appellant. Therefore, it was held
that there was no infirmity in the guidelines prepared
by the Managing Director, WBTCL assuring the
employees of three CAS benefits, which were found to
be legally existing on August 24, 2007. The Hon'ble
Division Bench directed the Principal Secretary,
Department of Finance to consider the grievance of
the appellant on merits and in the light of the
observations made in the judgment passed by the
Hon'ble Division Bench.
Now, it is submitted by the parties that the
Principal Secretary considered the case of the
appellant and came to the finding that the memo
dated March 13, 2001 was only applicable to the State
Government employees and not the employees of the
Corporation. Therefore, the third CAS benefits shall
not be conferred upon the appellant.
It is also informed that a contempt proceedings is
pending against the Principal Secretary, Department
of Finance, Government of West Bengal for not taking
into account the observations made by the Hon'ble
Division Bench, in passing the reasoned order.
Considering the rival submissions of the parties
and the materials placed on record, this Court is of
the view that justice will be sub-served by directing
the Principal Secretary, Department of Finance/added
respondent to consider the representation of the
petitioner within 8 weeks from date upon giving the
petitioner a personal hearing.
The reasoned order shall be passed and
communicated within 2 weeks of passing thereof. In
passing the reasoned order, the Principal Secretary
will take into consideration the observations made by
the Hon'ble Division Bench in APO 139 of 2021, vide
judgment dated July 22, 2022.
It is made clear that the Principal Secretary will
consider the observations of the Division bench
regarding the fact that the memo dated June 21, 1990
has been considered to be a non-existent memo and
the State respondents were estopped from relying on a
non-existent memo. The only existent memo in the
eye of law is the memo dated March 13, 2001
conferring three CAS benefits on employees of the
State, has to be taken into consideration prior to
passing the reasoned order.
Furthermore, this Court observes that clauses 5
and 6 of the memo dated March 13, 2001 have to be
taken onto consideration. The aforesaid clauses of
the 2001 memo are set out hereinafter:-
"5. Other provisions of the existing Career
Advancement Scheme as contained in this
Department No.6075-F, dt.21.6.90 which
are not inconsistent with the provisions of
this memorandum shall continue to remain
in force.
6. This will come into effect from 1.1.2001."
With the directions aforesaid, WPA 13522 of
2023 is disposed of.
All parties shall act on the server copies of
this order duly downloaded from the official
Website of this Hon'ble Court.
Urgent photostat certified copies of this order, if
applied for, be supplied to the parties upon
compliance of all necessary formalities.
(Lapita Banerji, J.)
