Calcutta High Court
Dr. Bijaya Prasad Samantaray vs The Board Of Trustees For The Port Of ... on 16 January, 2025
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
Present :-
THE HON'BLE JUSTICE SHAMPA DUTT (PAUL)
WPO/642/2013
DR. BIJAYA PRASAD SAMANTARAY
VS
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.
For the Petitioner : Mr. Sanjib Kr. Mukhopadhyay, Adv.
Ms. Aparupa Bhattacharya, Adv.
For the Respondents : Mr. Kallol Basu, Sr. Adv.
Mr. Ashok Kumar Jena, Adv.
Hearing concluded on : 12.12.2024
Judgment on : 16.01.2025
Shampa Dutt (Paul), J. :
1. The present writ petition has been preferred, inter alia, praying for a
direction upon the respondent authorities and each one of them their
men, agents, assigns, and subordinates to rescind, recall, revoke and
withdraw the decision taken by the Screening Committee of the
respondent no.1 on 17th September, 2012 and grant three financial
upgradation to the petitioner in terms of the Modified Assured Career
Progression Scheme, (in short, MACPS) of the respondent no.1 along
with interest.
2. Both parties have been heard extensively and written notes of
argument have been filed by both the parties.
3. The petitioner‟s case in short is that the petitioner joined the Kolkata
Port Trust as an Assistant Medical Officer of Health on 08.09.1977
and was promoted to the post of Health Officer on 03.10.1987. The
petitioner retired on and from 01.03.2012. It is the case of the
petitioner that after completion of 10 years of continuous service on
08.09.1987, the petitioner became eligible for first promotion under
MACPS. On completion of 20 years of service on 08.09.1997 the
petitioner became eligible for the second promotion under MACPS and
finally on completion of 30 years of service on 08.09.2007 the
petitioner became eligible for 3rd promotion under MACPS.
4. A disciplinary proceeding was initiated against the petitioner on
01.04.2005 which ended in the punishment of „censure‟ on
29.04.2008 (Subject matter of WP No.17401 (W) of 2007).
5. A second disciplinary proceeding was initiated on 28.07.2006 which
ended in a major penalty of reduction of salary by three stages with
cumulative effecting salary, pension etc. (subject matter of WPO
No.408 of 2011).
6. On denial of personal promotion, that is, one promotion for
completion of 10 years of service under MACPS with effect from
01.09.2008 and eligible for three financial upgradation, the present
writ petition has been preferred.
7. The petitioner‟s further case is that the unlawful „censure order‟ in a
biased, perverse, vindictive and fraudulent way to satisfy the
predetermined goal, the Kolkata Port Trust Authorities imposed
punishment of pay reduction with cumulative effect affecting during
service, retirement benefits, pension and pensionary benefits, followed
by denial of financial upgradation as well as financial benefits
involved under MACPS duly sanctioned by the Ministry of Transport
and Shipping, Government of India, implemented under Kolkata Port
Trust with the statement at page nos.12 to 15 of affidavit-in-
opposition submitted in July 2014 in reference to WPO No.642 of
2013 at pages 12 to 15 as "However, a charge-sheet memorandum
was pending against the petitioner from 28.07.2006 and disciplinary
authority imposed penalty on 31.08.2010 for reduction of pay by
three stages for one year," though Hon‟ble Court vide order dated
03.05.2011 had ordered as "in view of the above, the operation of the
impugned order of punishment dated 03.08.2010 and order dated
July 17, 2011 passed by the Appellate Authority are stayed until
further orders." However, minor penalty of censure was imposed on
29.04.2008, i.e., after 30 years of service of the petitioner and, thus,
the petitioner was never penalized during the 30 years of his service
career in the light of the financial upgradation applicable to him
under MACPS.
8. On the other hand, the case of the respondents is that:-
"as directed by the High Court vide order dated
13.08.2013, two MACP benefits were granted to
the petitioner. Consequent to the same, an amount
of Rs.16,720/- was paid into the bank account of the
petitioner. At the same time, however, in terms of the
order dated 03.05.2011 passed by the Hon'ble Court
in WPO No.408 of 2011, an amount of Rs.75,079/-
has been withheld from arrear and pay allowance.
Additionally, the difference of superannuation leave
salary to the tune of Rs.15,574/- was paid into the
petitioner's bank account on 31.10.2013, withholding
an amount of Rs.36,968/- in terms of the order dated
03.05.2011. Additionally, arrear-pension, relief
money for the period between 01.03.2012 to
31.10.2013 to the tune of Rs.27,264/- and the
difference of commutation pension money amounting
to Rs.31,760/- calculated on the basis of revised pay,
had also been paid in favour of the petitioner."
9. It is further stated that as the petitioner has been penalized in the
disciplinary proceedings which are subject matter of the other writ
petitions, the petitioner is not entitled to get the relief as prayed for in
the present writ petition.
10. The written notes filed by the parties have been considered.
11. Thus, considering the materials on record and in view of the judgment
in WP No.17401 (W) of 2007 and WP No.408 of 2011, the respondents
are directed to pay all dues as admissible to the petitioner within 60
days from the date of this order.
12. Accordingly, the writ petition being WPO No.642 of 2013 is
disposed of.
13. Urgent certified website copy of this judgment, if applied for, be
supplied expeditiously after complying with all, necessary legal
formalities.
[Shampa Dutt (Paul), J.]
