SK ASRAF ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is aggrieved by the fact that the authorities have not stepped up his pay to the stage at which the fourth and fifth respondents were getting their pay in the capacity of process server working in the judgeship of the District Judge, Howrah.

(2.) ON October 11th, 1966 the petitioner was appointed in the judgeship of the District Judge as a night guard. With effect from April 1st, 1970 he was promoted to the post of process server. The fourth respondent was appointed, through a direct recruitment process, to the post of process server on february 1st, 1978. The fifth respondent was appointed as peon on june 16th, 1976. Then he was promoted to the post of process server on june 1 st, 1977. It is thus apparent that in the cadre of process server in the judgeship of the District Judge, Howrah the petitioner was senior to both the fourth and fifth respondents.

(3.) THOUGH the fourth respondent was junior to the fifth respondent, while working as process server, the fourth respondent started getting higher pay. Consequently, the fifth respondent moved this Court by filing a writ petition that was disposed of directing the judicial secretary to look into the alleged anomaly and give a reasoned decision. Accordingly, the judicial secretary gave his decision dated August 21st, 2001 that the fifth respondent was entitled to get his pay re-fixed by stepping up his pay to the stage the fourth respondent was getting his pay. Accepting the decision the authorities stepped up pay of the fifth respondent and fixed his pay and gave him all consequential benefits, including monetary benefits.