SHYAMALI GANGULY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-2-41
HIGH COURT OF CALCUTTA
Decided on February 14,2013

Shyamali Ganguly Appellant
VERSUS
STATE OF WEST BENGAL Respondents

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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