Kunal Ghosh v. State Of West Bengal And ORS.

27.07.2021 Court No. 19 Item no.27 sn WPA No. 11248 of 2021 KUNAL GHOSH VS. THE STATE OF WEST BENGAL & ORS.

(via video conference) Mr. Ekramul Bari Ms. Tanuja Basak Sk. Imtiaj Uddin ...for the petitioner Mr. Samrat Sen ..for the respondent nos. 5&7 Mr. Srijan Nayak Mr. Bhaskar Chakraborty ..for the State The petitioner alleges inequality in the Grade Pay granted to the petitioner at the time of appointment, vis-à-vis his counterpart, who were both appointed as 'Technicians'. Records reveals that the petitioner was appointed on February 28,2019 in the scale of Rs.5400-25200 with Grade Pay of Rs.2600/- (Rs.8840/- as Entry Pay) with effect from March 1, 2019. On the contrary, one Sudipta Ghosh, the respondent no.8, was also appointed as Technician in the same Co-operative Bank, with Grade Pay of Rs.2900/-.

According to the petitioner, the post of Technician should carry equal Grade Pay for both the petitioner and the respondent no.8. Aggrieved by such unequal pay structure, the petitioner approached the Bhagirathi Co-operative Milk Producers' Union Limited. Records also reveal that

the Managing Director of the said Co-operative Society has been approached by the petitioner by filing several representations. Admittedly, these representations have not been disposed of. The grievances of the petitioner have not been looked into.

Under such circumstances, this writ petition is disposed of with a direction upon the Managing Director, Bhagirathi Co-operative Milk Producers' Union Limited to dispose of the representations of the petitioner dated May 5, 2021 and June 17,2021, upon granting an opportunity of hearing to the petitioner. The managing Director shall pass a reasoned order and communicate the same to the petitioner.

If the Managing Director finds that the contention of the petitioner is justified, then appropriate action shall be taken to remedy any mistake or inequality in the fixation of pay scale. The concerned authority shall decide the issue independently.

The entire exercise shall be completed within a period of six weeks from the date of communication of this order.

This writ petition is thus disposed of.

There will be however no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)