Biswanath Das v. State Of West Bengal & ORS

09.08.2023 KAUSHIK WP.ST 30 of 2016 Biswanath Das Vs.

State of West Bengal & Ors.

Mr. Masud Karim Md. Nasim Akram ... for the petitioner Petitioner is aggrieved by an order dated December 10, 2014 passed in O.A. 252 of 2013 by the West Bengal Administrative Tribunal.

By the impugned order, the learned Tribunal, did not find any merit in the claim of the writ petitioner for grant of pay protection as that of his junior.

Learned advocate appearing for the writ petitioner draws the attention of the Court to the comparative chart of the promotion between the petitioner and one Dhiraj Krishna Halder. He submits that, petitioner is entitled to same pay as that of Dhiraj Krishna Halder, who is junior of the writ petitioner.

It appears from the chart, which the petitioner relies upon, that, the promotional post of both the writ petitioner and Dhiraj Krishna Halder were different. The writ petitioner entered into service in the post of 'Darwan' and was

promoted to 'workman labourer'. He got CAS benefit and was promoted to 'Cash Sarkar' and subsequent to the post of 'Muharrior Grade-I'. Dhiraj Krishna Halder, on the other hand, entered the service in the post of 'cleaner' and was promoted to the post of 'Packer'. Thereafter, he got CAS benefit and subsequently he was promoted to 'record supplier' and thereafter promoted to the post of 'Duplicating Operator'. Subsequently, he was promoted to the post of 'Duplicating Machine Operator, Grade-I'. The learned Tribunal rejected the claim for pay parity on the ground of feeder post to the promotion to the post of 'Duplicating Machine Operator, Grade-I' was not 'Cash Sarkar' or 'Muharrior Grade-I'. Consequently, the learned Tribunal found no merit in the claim of the writ petitioner. We find nothing to disagree with the view taken by the learned Tribunal in the impugned order. In such circumstances, WP.ST 30 of 2016 is dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)