The Andaman And Nicobar Administration And ORS v. Samir Dhara And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** MA/3/2023 The Andaman and Nicobar Administration and others Vs.

Samir Dhara and others Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the appellants Mr. Arul Prasanth ... for the respondent nos.1 to4 Mr. N.A.Khan ... for the respondent no.5 August 23, 2023 [SR] Item No.13 It has been brought to the notice of this Court that a notification has been published in the Gazette dated 14th July, 2023 publishing the Rules called "The Calcutta High Court (Computer Technical Manpower for Calcutta High Court, Circuit Bench at Port Blair and District and Sessions Court, A & N Islands Recruitment) Rules, 2023. It appears from the said notification that there is provision for absorption of the officers presently engaged. With the publication of the aforesaid notification, the direction of passed by the Court has been complied with to a considerable extent.

Right now, what is impugned herein is the decision of the learned Single Judge whereby a direction was passed for payment of arrears of enhanced amount from 1st October, 2018 without interest within a stipulated time frame. Admittedly, it appears that the employees of the Principal Bench are getting remuneration at an enhanced amount from 1st October, 2018. There is no reason as to why

the same principle will not be adopted in the case of the employees of the Circuit Bench at Port Blair. Apprehension of the Administration is that persons similarly placed can raise similar claim and seek parity was duly considered by the learned Single Judge and it has been categorically mentioned that the order passed will not create any precedent for any other similar employees claiming in the Andaman and Nicobar Administration and shall be treated as direction meant for the benefit of the writ petitioners only. With the aforesaid direction of the learned Single Judge, the apprehension of the Administration appears to have been duly taken care of.

Accordingly, the Administration is directed to comply with the direction passed by the Hon'ble Single Judge on 15th December, 2022 and to pay the arrears of the petitioners at the enhanced amount from 01st October, 2018 without any interest within a period of three months from date. The appeal stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)