JUDGEMENT
SAMBUDDHA CHAKRABARTI,J. -
(1.) BY this petition the petitioner has prayed for a writ of Mandamus commanding the respondents to take steps to review the fixation of scale of
pay of the petitioner as lawfully admissible to her and to assess afresh in
terms of the original scale the benefits given to her and to revise the same.
She has also prayed for a writ of Mandamus commanding the respondents
to offer proper and appropriate designation and status in the office
according to her qualification and a writ of Prohibition prohibiting the
respondents from disturbing her service in the respondent company.
(2.) THE case of the petitioner is that she is an employee of West Bengal Electronics Industry Development Corporation Limited (hereinafter referred
to as the 'Corporation') which is a state government undertaking. She was
working with the status of an Associate and has been given the benefit of
the scale of a Sub-Assistant Engineer instead of that of an Executive
Engineer.
She joined the said Corporation in the year 1985 in the post of Quality Control Inspector. On September 30, 2004 she was given a fresh
appointment for five years with effect from October 1, 2004 to the post of
Associate and she was allowed to receive a monthly consolidated salary of
Rs. 10,720.00.
Her grievance is that from October, 2005 the pay structures of the
employees were revised by the Corporation and she was placed in the pay
scale of an Associate of Rs. 4,000 - 8,850.00 with Basic Pay fixed at Rs.
7,050.00. In addition she was entitled to receive Dearness Allowance and House Rent Allowance as per the rules. She found that employees junior to
her and who held executive rank of the union were offered higher pay scale
than the petitioner and her pay scale was reduced. In the year 2009 she
was absorbed in service and she was redeployed from the said Corporation
to the Webel ISP Department with effect from August 30, 2009.
(3.) THE petitioner states that with effect from January 1, 2010 her basic pay scale had been fixed at Rs. 19,250.00 and her only increment is fixed
on July 1 every year. She alleges that the pay structure of the junior
employees continued to be higher than that of the petitioner. Since she
holds a B.Tech degree in Computer Science, the petitioner alleges, she is
entitled to higher scale of pay in the rank of an Executive Engineer. She
made her grievance to the appropriate authorities and drew their attention
regarding the designation of the employees that in the designation of
Associate all employees are not equally qualified. According to her there
should be a promotional scheme to be implemented in the interest of
justice and fair play.;
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