GOVERNMENT OF WEST BENGAL Vs. DR. AMAL SATPATHI

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The present appeal has been filed by the Government of West Bengal(Hereinafter being referred to as "appellant No. 1".) and its components, challenging the judgment dtd. 1/2/2023(Hereinafter being referred to as "Impugned judgment".) passed by the High Court at Calcutta, in WPST No. 157 of 2019. The High Court vide impugned judgment upheld the order of the West Bengal Administrative Tribunal(Hereinafter being referred to as "Tribunal".), which directed that respondent No. 1, Dr. Amal Satpathi, though not entitled to retrospective promotion after his superannuation, should be awarded notional financial benefits for the promotional post of Chief Scientific Officer as of his retirement date i.e., 31/12/2016. The appellants are aggrieved by this direction, contending that no financial benefits, even on a notional basis, are admissible to respondent No. 1 who never assumed charge of the promotional post.