Asiatic Society'S Employees' ... vs Union Of India & Ors
2023 Latest Caselaw 1735 Cal

   03.
15.3.2023
   S.D.


                                   W.P.A. 11509 of 2022

                         Asiatic Society's Employees' Union & Anr.
                                             Vs.
                                   Union of India & Ors.

                  Mr. Kallol Basu
                  Mr. Suman Banerjee
                                          ... For the Petitioners

                  Mr. D. N. Roy
                  Mr. Sourav Halder
                                          ...For the U.O.I.

                  Mr. Basu, learned counsel appears on behalf of the

            petitioners and completes his arguments.        He relies on a

            document annexed at page 8 of the supplementary affidavit

            to show that the employees of the Asiatic Society would be

            treated as at par with the Central Government Employees as

            far as the service rules and the recruitment rules are

            concerned except for the issue concerning payment of

            pension. He relies on the service rules of the Asiatic Society

            Employees annexed at page 10 of the supplementary

            affidavit.

                  He further draws the attention of this Court to Office

            Memorandum dated October 4, 2019 and October 21, 2022 in

            support of his contention that the expenditure on account of
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grant of Non-Productivity Linked Bonous (Ad hoc Bonus) to

the Central Government Employees would be debitable to the

respective heads to which the Pay and Allowances of the

employees are debited from.

      Therefore, he submits that the Non-Productivity Linked

Bonus is in the tune of the allowances which the employees of

the Asiatic Society are entitled to at par with the Central

Government Employees in accordance with Rule 25 of the

Service Rules.

      Mr. Roy, learned counsel appearing on behalf of the

respondents submits that the Non-Productivity Linked Bonus

cannot be equated with pay/allowances and, therefore, the

employees of the Asiatic Society/the petitioners are not

entitled to the same.

Submissions of both parties are completed.

Judgment is reserved.

All parties shall act on the server copy of this order

duly downloaded from the website of this Court.

(Lapita Banerji, J.)