SWAPAN KUMAR SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Indranath Mitra, learned counsel for the petitioner; Mr. Wasim Ahmed, learned counsel for the respondent State and Mr. S. Chakraborty, learned counsel for the respondent High Court Administration.

(2.) This writ petition has been filed by the petitioner to quash the impugned order dtd. 10/8/2016 issued by the sixth respondent and also seeking direction restraining the respondents from giving any effect or further effect of the order dtd. 10/8/2016.

(3.) The case of the petitioner is that he joined as Copyist on 8/1/1971 in the Judicial Department, Government of West Bengal and was promoted to different higher grade and retired from service on 31/10/2007. In consonance with the order dtd. 30/4/2012 followed by the orders dtd. 20/7/2012 and 30/7/2012, the arrear salary for the period from 1/4/2003 to 31/10/2007 to the tune of Rs.2.09 lakh was released and paid to the petitioner. While so, by a letter dtd. 13/12/2012, the Treasury Officer, Burdwan Treasury-I informed the sixth respondent that the petitioner is not entitled the arrear salary on the basis of ROPA 2009. Upon receipt of the letter of the Treasury Officer, the petitioner has submitted reply on 13/12/2012 through the sixth respondent stating that the Finance Department, Government of West Bengal, vide Memorandum dtd. 23/7/2014, accepted the order dtd. 7/10/2009 passed by the Hon'ble Supreme Court wherein it has been categorically stated that the employees of the District Court are also covered by the memo bearing No.1683-F dtd. 23/2/2009 and further clarification dtd. 19/11/2010.