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

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/350/2022 Samir Dhara & Others ... Petitioners Vs.

The Andaman and Nicobar Administration and Others ... Respondents Mr. Arul Prasanth ...for the Petitioners Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondent nos.1,3,4,5, 6 Mr. N.A.Khan ... for the respondent No.2 December 15, 2022 [SR] Item No.3 The petitioners are the System Officers and System Assistants engaged by the Circuit Bench of the Calcutta High Court and the District Judiciary at the islands, respectively. In the present day and time when the judiciary is moving towards paperless, justice delivery system, the role and importance of the petitioners cannot be over emphasized. Pursuant to an order dated 25th March, 2022 of a Coordinate Bench in WPA/74/2022, the Andaman and Nicobar Administration was directed to take two-fold measures. Firstly to pursue the Ministry of Home Affairs an and the Ministry of Law and Justice for formal sanction of the posts of System Officers and System Assistants; and, secondly to release the enhanced consolidated salary of Rs.40,000/- per month to the System Officers and

Rs.35,000/- per month to the System Assistants as resolved by the Full Court of the Calcutta High Court in the Administrative side, in the year 2018.

The directions for sanctioning of posts have been complied with.

In so far as direction for release of enhanced consolidated pay of Rs.40,000/- and Rs.35,000/- as indicated hereinabove, the Administration, on 20th June, 2022, has expressed regret and inability to do so. Their apprehension is that the persons in similar posts in other offices under the A & N Administration, could raise similar claims and seek parity with the System Officer and System Assistant of the judiciary.

This Court is of the view that the apprehension of the Administration as recorded in the impugned order dated 20th June, 2022 signed by the Deputy Secretary (Law) may be misplaced. The Administration does not otherwise have any objection for payment of the enhanced amount. This Court therefore orders payment of the enhanced consolidated pay to the System Officer @ Rs.40,000/- per month and System Assistant @ Rs.35,000/- per month, in terms of the aforesaid resolution of the Full Court communicated by the Registrar General, Calcutta High Court on 11th October, 2018 forthwith.

It is made clear that such release shall not create any precedent for any other similar employee claims in the

Andaman and Nicobar Administration and shall be treated as a direction meant for the benefit of writ petitioners only. The current payment at the enhanced rate as above, shall commence from the 1st January, 2023. The arrears of enhanced amount from 01.10.2018 (i.e the date of communication of the resolution) shall be paid to each of the petitioners without interest within a period of three months from date.

In view of the above, the impugned order dated 20th June, 2022 may be kept in abeyance.

WPA/350/2022 stands disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )