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Calcutta High CourtWPA/25288/2025disposed

Md. Jamaluddin Khan v. Food Corporation Of India And ORS.

2025-11-25Hon'Ble Justice Saugata Bhattacharyya3 pages

25.11.2025 Court No. 02 Item No.15 (Suvendu) WPA 25288 of 2025 Md. Jamaluddin Khan -Versus- Food Corporation of India & Ors.

Mr. Kisor Ray .....for the petitioner Mr. Devajyoti Barman Ms. Sanjukta B Mallick ...for the FCI 1) Petitioner was an employee of Food Corporation of India (for short, <FCI=) who retired on superannuation on 31st March, 2023.

Petitioner has come up with the present writ petition claiming arrear accrued due to switching over from CDA Pattern Scales of Pay to IDA Pattern Scales of Pay which was permitted by the concerned authority of FCI in terms of Circular dated 7th December, 2011 which is at page 24 of the writ petition. According to the petitioner, since petitioner was offered opportunity of switching over from CDA Pattern Scales of Pay to IDA Pattern Scales of Pay he is entitled to receive arrear dues for the period from 11th January, 2002 to 31st December, 2011.

2) FCI is represented by learned advocate who has opposed the writ petition on the ground that

there are writ petitions relating to switching over from CDA Pattern Scales of Pay to IDA Pattern Scales of Pay which are pending before the Court. 3) Having considered the issue involved in this writ petition, this Court finds that no useful purpose would be subserved in keeping this writ petition pending.

4) Leave is granted to the petitioner to make a representation to the General Manager (West Bengal), FCI being respondent no. 2 claiming arrear dues due to switching over from CDA Pattern Scales of Pay to IDA Pattern Scales of Pay by fortnight from date. If such representation is made within aforesaid time, respondent no. 2 shall decide the same after granting opportunity of hearing to the petitioner or his representative in accordance with law by eight weeks thereafter and reasoned decision shall be passed which shall be communicated to the petitioner by ten days thereafter.

5) It is made clear that Court has not entered into the merit of the writ petition and all issues are kept open.

6) Writ petition stands disposed of.

7) Since no affidavit is called for, allegations contained in the writ petition are deemed not to have been admitted.

8) There shall be no order as to costs.

9) Urgent photostat certified copy of this order if applied for be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)