SHAMPA SARKAR,J. - (1.) The petitioner is a former employee of the West Bengal Livestock Development Corporation Ltd. (hereinafter referred to as the said Corporation). The petitioner has prayed for refixation of his pay in the scale of Rs.2200-4000 from the date of promotion as an Accounts Officer, implementation of the corresponding revised scale of Rs.8000-13500, under Revision of Pay and Allowances (ROPA) Rules 1998 and Rs.9000-40500 under ROPA 2009, accordingly. The petitioner prayed for refixation of his retirement benefit according to the above scale and payment of arrears. The petitioner further prayed for interest of Rs.1,20,389/- being interest on salaries for the period 1997-98 to 2005-06.
(2.) The claims of the petitioner is based on the recommendations and decision of the Board of Directors of the said Corporation to upgrade/promote the petitioner to the post of Accounts Officer of the said Corporation. According to the petitioner, the Board of Directors in its 87th meeting dated August 21, 1997, reviewed the performance of the petitioner as an Assistant Accounts Officer and recommended that he may be allowed to work in the vacant post of Accounts Officer in the scale of Rs.2200-4000 as per ROPA 1990. The Board of Directors in its 96th meeting held on March 2, 2001 decided to extend the benefit of promotion to the petitioner as an Accounts Officer as per G.O. No.7550 (F) dated September 4, 2000 (hereinafter referred as to the said memorandum). By an order dated August 14, 2001, the Managing Director of the said Corporation recommended the petitioner for promotion/upgradation to the post of Accounts Officer in the scale of Rs.2200- 4000/-, with initial fixation of pay at Rs.2680/- with effect from October 1, 1994. According to the petitioner, by virtue of the said order, the petitioner was promoted to the post of Accounts Officer in the said Corporation and started discharging his duties and responsibilities as such. That the employees of the Corporation were allowed the benefit of the recommendation of the 4th Pay Commission notionally with effect from January 1, 1996 and the actual benefit was given from September 1, 2005.
(3.) The Board of Directors discussed the proposal for fixation of the scale of pay of Accounts Officer in its meeting held on December 16, 2005 and it was proposed that the petitioner should continue with the scale of Rs.2200-4000 with effect from 1994 and subsequently the same should be revised in the applicable corresponding scale of Rs.8000-13500 and further that the pay would be fixed on the revised scale notionally and actual payment would be with effect from September 1, 2005. The Managing Director was directed by the Board to send the proposal to the state government for examination and issuance of necessary orders, so that the post of Accounts Officer in the revised scale of pay of Rs.8000-13,500, could be included amongst the posts sanctioned for the Corporation. Accordingly, by a letter dated December 11, 2006, the Managing Director of the Corporation requested the Principal Secretary, Animal Resources Development Department to consider implementation of the revised scale of pay of Rs.8000-13,500 in case of the petitioner, being the corresponding revised scale of Rs.2200-4000 which was allowed by the Corporation to the petitioner since October 1, 1994. By the said letter, the Managing Director of the Corporation requested the government to grant approval to the pay scale of Rs.8000-13500 in terms of the recommendation of the 4th Pay Commission for the post of Accounts Officer in favour of the petitioner. It was clarified that the financial liability would be borne by the Corporation. The petitioner also made a representation to the state government for sanction of the revised scale of Rs.8000 to 13,5000/-.;