Mohan Chand Shaw And ORS. v. State Of West Bengal And ORS.

25.02.2025 Court No.23 DL/Item No.-9 [Milan, A.R. (Ct.)]

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA 7623 of 2024 Mohan Chand Shaw & Ors.

versus The State of West Bengal & Ors.

Mr. Ekramul Bari, Mr. Siddhartha Sankar Mondal, Mr. Sk. Imtiazuddin ....for the Petitioners Mr. Vimal Kumar Shahi, Mr. Vijay Agarwal ....for the State The petitioners are all employees of Britannia Engineering Limited (in short, "BEL"). The said company has been taken over by the State of West Bengal.

The petitioners being the employees of the said company are seeking implementation of the 6th Pay commission in their favour from 1st January, 2020 instead of 1st January, 2021.

After hearing the parties and considering the materials on record, in particular the report in the form of an affidavit, I think justice will be sub-served, if I direct the concerned authority to take necessary steps to provide for implementation of the benefits under 6th Pay Commission from the applicable date by taking appropriate steps which the State in its report in the

form of an affidavit has stated to be under process. The respondent no.4 is directed to take appropriate steps for giving benefits under the 6th Pay Commission to the petitioners in accordance with law. The respondent no.4 is also directed while passing the benefits under the 6th Pay Commission to the petitioners shall consider the enhanced scale of pay of the petitioners for the purpose of computing gratuity and leave salary in accordance with law.

Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Arindam Mukherjee, J.)