PRINCIPAL SECRETARY, TECHNICAL EDUCATION AND TRANING Vs. SATYABRATA MUKHERJEE
LAWS(CAL)-2012-4-69
HIGH COURT OF CALCUTTA
Decided on April 25,2012

PRINCIPAL SECRETARY, TECHNICAL EDUCATION AND TRANING Appellant
VERSUS
SATYABRATA MUKHERJEE Respondents

JUDGEMENT

- (1.) Aggrieved by the inaction on the part of the appellants in releasing the arrear salaries and allowances in terms of the rules for Revision of Pay and Allowances (ROPA) of 1981 and 1990 and the leave pay equivalent to eight months' salary the respondent no. 1 who had retired as the Head Clerk-cum-Accountant of Ballygunge Training Institute (the Institute, for short) filed a writ petition. The writ petition was not contested by the State respondents and no affidavit denying the allegations made in the petition was filed by them.
(2.) The grievances made by the petitioner were found to be just by the learned single Judge who concluded that there was no reason why the petitioner had been denied the actual benefits of the two ROPAs. The writ petition was allowed with a direction upon the appellant no. 2 herein to compute the arrears due and payable to the petitioner in terms of those two ROPAs and release the same to him within three months from the date of the order. The leave salary due and payable to the petitioner was also directed to be released within the said period. The learned single Judge found the petitioner to be eligible to get interest at the rate of 6 per cent per annum on outstanding arrears with effect from March 1, 1981 in terms of ROPA, 1981 and with effect from June 1, 1988 in terms of ROPA, 1990 as well as on the leave salary from August 1, 1991 till full payment to the petitioner.
(3.) After the writ petition was thus allowed the present appellants decided to challenge the same by filing an appeal therefrom.;


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