Arun Kumar Mitra, J. - (1.) In this writ petition the petitioner has claimed refixation of the salary of the petitioner as decided by this Hon'ble Court in Civil Rule No. 689(W) of 1993 by judgment and order dated May 29, 1990. The petitioner has also claimed all arrears dues including retiral benefit along with 12% interest thereon per annum on the basis of refixation done in the manner aforesaid.
(2.) The case as has been made out by the writ petitioner in this writ petition is inter alia as follows: The petitioner was appointed as Junior Accountant in the Procurement Directorate under the Department of Food, Relief & Supply, Government of West Bengal, in the scale of Rs. 60-77 (in all). The petitioner was promoted to the post of Storeman- cum-Sub Inspector in the scale of Rs. 80-180. In the year 1953 the Government decided to wind up the concerned Department in which the petitioner was posted and for that reason, the staff of the Food Department including the petitioner were declared surplus.
(3.) Subsequently, the petitioner was appointed as a Lower Division Clerk in the scale of Rs. 55-130 under the Judgeship of Burdwan and he was posted in Assansol Court. The Government of West Bengal in its Memo No. 1596(100)F.S. dated 6.3.1954 passed an order to fix up the pay of the staff of the Food & Supply Department, absorbed in other Departments at a stage higher than the minimum of the new scale. In 1954 the concerned authority wrongly fixed the scale of pay Rs. 55-130, whereas, before his absorption under the Judgeship of Burdwan, the petitioner had been drawing his pay in the scale of Rs. 80-180. The petitioner further joined the Judicial Department under the Judgeship at Burdwan on 24.7.54 and the initial pay of the petitioner as wrongly fixed at Rs. 64/- with Rs. 34/- as personal pay in the existing scale of Rs. 55-130 and according to the petitioner this is contrary to the provisions of Rule 42(l)(ii) of the West Bengal Services Rules Part-I.;