- (1.) Despite direction for filing affidavit-in-opposition was passed by this Hon'ble Court long back on 7th November, 2014 unfortunately till date no affidavit-in-opposition has been filed by the University. The petition is, therefore, taken up for hearing. The petitioner has filed the present writ petition assailing the letter dated 7th March, 2013 whereby petitioner's claim for higher scale of pay of Rs. .37,400/- - Rs. 67,000/- has been turned down by the authority.
(2.) Issues to be determined in the present case are as follows :- (I) Whether an incumbent who had been enjoying a higher pay band of Rs. 28,000/- - Rs. 52,000/- in the WBPCB (West Bengal Pollution Control Board) till his joining to the University of Calcutta on 15th May, 2008 can be placed by the University authority under a lower pay band of Rs. 15,600/- - Rs. 39,100/-, when the incumbent's service under WBPCB has been treated as continued service with Calcutta University service (II) Whether the Calcutta University can place the petitioner under pay band of Rs. .37,400/- -Rs. 67,000/- with effect from 14th May, 2011 instead from the date of joining of the petitioner i.e. on 15th May, 2008
(3.) The petitioner's case in nutshell is as follows :- The petitioner had been working as Senior Envioronmental Engineer under the West Bengal Pollution Control Board (hereinafter referred to as "WBPCB"). In response to an advertisement published on 1st March, 2007 in Anandabazar Patrika for the post of Reader in chemical engineering for the University of Calcutta the petitioner being an aspirant candidate applied and his application was forwarded by the Member Secretary, West Bengal Pollution Control Board on 16th April, 2007. Since the petitioner was selected for the post of Reader the appointment letter was issued on 6th May, 2008 and the appointment in the post of Reader was also duly confirmed on 30th July, 2009. The petitioner has been placed in the higher pay band of Rs. .37,400/- - Rs. 67,000/- and was re-designated as Associate Professor from the year 2011. It is also stated that the petitioner's service under Calcutta University was treated as a continuous service and accordingly the G.P.F were all transferred from his erstwhile employer (WBPCB) to the University of Calcutta being his present employer. It is also claimed that the petitioner had been drawing his pay in the pay band of Rs. 28,000/- - Rs. 52,000/- as per Sixth Pay Revision under WBPCB during the period 2006 to 2008 till the petitioner left the said organisation. It is also submitted that under the Calcutta University only two distinct pay bands for the teaching staff exists :- (1) Rs. 15,600/- - Rs. 39,100/- and (2)Rs. 37,400/- - Rs. 67,000/- as per UGC. The petitioner used to enjoy pay band of Rs. 28,000/- - Rs. 52,000/- under WBPCB before joining Calcutta University since there is no pay band equivalent to Rs. 28,000/- - Rs. 52,000/- under the Calcutta University therefore, petitioner was arbitrarily placed under a lower pay scale of Rs. 15,600/- - Rs. 39,100/-. Hence, the present writ petition.;