Md Alimuddin v. State & ORS
7 15.5.2024 Sc Ct. no.2 WPA 15337 OF 2013 ------------- Md. Alimuddin Vs.
State of West Bengal & Ors.
Mr. Syed Mansur Ali Mr. Sk. Imtiaj Uddin.
....For the Petitioner Mr. Supriyo Chattopadhyay Mr. Pinaki Dhole.
...For the Respondent Nos.1, 2 & 3/ State Syed Mansur Ali, learned counsel appears for the petitioner.
Mr. Supriyo Chattopadhyay, learned Additional Government Pleader with Mr. Pinaki Dhole, learned State counsel appear for the respondent nos. 1 to 3. The petitioner claims additional two increments after acquiring the Ph.D. degree.
The petitioner acquired the Ph.D. degree in December, 2003. The Control of Expenditure Act came into effect in 2005.
The issue is now well settled by the Hon'ble Division Bench In the matter of : The State of West Bengal & Ors. -vs.- Satyabrata Mahapatra & Ors.,
rendered in AST 117 of 2014 dated September 13, 2023.
In view of the above, the impugned decision dated April 18, 2023, Annexure-P4 at page 29 to the writ petition of the respondent no.3 stands set aside and quashed.
From the averments made in paragraph 4 to the writ petition it appears that, the petitioner was awarded the Ph.D. degree on December 29, 2003.
In view of the above, the petitioner shall be granted additional two increments with effect from December 30, 2003, the following day of the convocation of his Ph.D. degree.
The respondent no.3 is directed to take all necessary and consequential steps in accordance with law to grant additional two increments to the petitioner with effect from December 30, 2003 for acquiring the Ph.D. degree and shall disburse the entire arrear with interest upon fixation of pay @ 6% per annum on and from December 30, 2003 till April 30, 2024 and then on and from May 1, 2024 shall go on paying regularly. The entire exercise, as directed above, shall be carried out and completed by the respondent no.3 positively within a period ten weeks from the date of communication of this order.
With the above observations and directions this writ petition, WPA 15337 of 2013 stands allowed, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)