KENARAM PATHAK Vs. COMMISSIONER OF BAIDYABATI MUNICIPALITY AND OTHERS
LAWS(CAL)-2003-7-67
HIGH COURT OF CALCUTTA
Decided on July 02,2003

Kenaram Pathak Appellant
VERSUS
Commissioner of Baidyabati Municipality and others Respondents

JUDGEMENT

Bhaskar Bhattacharya, J. - (1.) By this writ application, the petitioner, an employee of Baidyabati Municipality, has prayed for direction upon the respondent to give effect to Office Order No. 140/99 dated 2nd April, 1991 promoting the petitioner to the post of Assistant Provident Fund In-charge in the scale of Rs. 1140/ - 2160/- w.e.f. 1st April, 1991. There is no dispute that the petitioner was appointed in the post of Bengali/English Typist/Clerk in the office of Baidyabati Municipality w.e.f. 1st October, 1982 in the scale of Rs. 300/- 685/-. The petitioner was confirmed w.e.f. 1st April, 1983 in the said post. By Office Order No. 164/88-89 dated 28th February/2nd March, 1989, the petitioner was temporarily engaged for up-keeping the arrear work of Provident Fund Account of all the staff of Municipality w.e.f. March, 1989 in addition to his normal duty under direct supervision of one Sri Gobinda Panja, Deputy Accountant of the Municipality. According to the petitioner, thereafter he had been performing the job of up keeping arrears of Provident Fund Account and maintaining the current Provident Fund Account.
(2.) The petitioner thereafter made a representation dated 29th February, 1989 pointing out that he had been working in the post of Assistant Provident Fund In-charge but he had been deprived of the scale of Assistant Provident Fund In-charge.
(3.) The Chairman, in his note, directed the Head Clerk to put up an agenda for creation of post of Assistant Provident Fund In- charge on the basis of recommendation of Pay Review Committee in the next meeting and ultimately, by resolution dated 30th January, 1990, the post of Assistant Provident Fund In-charge in the scale of Rs. 340/- 750/- was created and approved.;


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