UDAY SANKAR DAS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2023-11-3
HIGH COURT OF CALCUTTA
Decided on November 20,2023

Uday Sankar Das Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

PARTHA SARATHI CHATTERJEE,J. - (1.)The present writ petition has been preferred primarily for the following relief:
"A writ of or in the nature of mandamus commanding the Respondents to forthwith to step up the pay of the petitioner as par with the pay of the Respondent no. 4 and to re-fix the pay of the petitioner after stepping up the pay of the petitioner from the date when the Respondent no. 4 started receiving pay higher than the pay of the petitioner and to act accordingly."

(2.)Facts as unfurled in the writ petition, in brief, are that the petitioner was appointed as 'Night Guard' on 13/2/1974 by the then learned District Judge, 24 Parganas. He was promoted to the post of 'Process Server' w.e.f. 20/7/1976 and on attaining the age of superannuation, he retired from service on 31/7/2012.
(3.)The respondent no. 4 was appointed as 'Process Server' in the same Judgeship on 28/5/1981 and consequently, the respondent no. 4 happened to be junior to the petitioner in service. The respondent no. 4 retired from service on 30/6/2012 on attaining the age of superannuation. The petitioner's last drawn basic pay was Rs.26, 361.00 p.m. whereas the respondent no.4 drew Rs.29,748.00p.m. as basic pay at the time of his retirement. The petitioner has been drawing pension to the tune of Rs.11,556.00 p.m.


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