LAWS(CAL)-2024-12-61

LIEUTENANT GOVERNOR Vs. TARUN KANTI ROY

Decided On December 11, 2024
LIEUTENANT GOVERNOR Appellant
V/S
Tarun Kanti Roy Respondents

JUDGEMENT

(1.) The writ petition is at the instance of the official respondents in the original application filed by an employee inter alia, seeking for quashing the impugned orders dtd. 14/1/2008, 5/12/2014 and all consequential orders passed pursuant thereto. Prayer in the original application was also made for awarding first financial upgradation under ACP Scheme with effect from 30/10/2004 and MACP with effect from 29/10/2012 when he completed 12 years and 20 years respectively in the appropriate scale of pay. Arrears and interest were also sought for.

(2.) The learned Tribunal vide impugned order dtd. 11/1/2024 allowed the prayer of the employee and set aside and quashed the orders dtd. 4/1/2008 and 5/12/2014 and consequently directed the authority to pay the arrears with effect from 30/10/2004 to the date of actual payment within forty-five days from the date of receipt of the certified copy of the order failing which interest at the rate as applicable to GPF deposits will be payable to the employee.

(3.) According to the petitioners, revision of pay of the employee was necessitated on detection of an error in his pay fixation. The authority contends that certain financial benefit, not available to the employee, was inadvertently granted to him. On detection of the error, the said benefit had to be withdrawn for which the revision was called for.