HOWRAH IMPROVEMENT TRUST Vs. SANJIT DUTTA

JUDGEMENT

(1.) -This appeal is directed against an order dated 4.3.98 passed by a learned single Judge of this court in C.O. 16841(W) of 1993, whereby and whereunder the said learned Judge allowed the writ application filed by the writ-petitioner-first respondent with the following directions:-

(2.) The fact of the matter lies in a very narrow compass.

(3.) The petitioner was appointed as Work-Assistant in the year 1965. Admittedly, after serving the appellant trust for a period of ten years, he was entitled to promotion to selection grade. He was denied with such promotion. But now it appears that in terms of order dated 4.7.90 such promotion was granted to him with effect from 16.12.75. According to the petitioner, after such promotion had been granted, he ought to have been treated in the scale of pay of Rs.425-1050 and in the event no promotion had been granted to him for a period of fifteen years, he was entitled to salary on the Scale of Pay of Rs.470-1230. The petitioner's further case is that now in terms of the recommendation of the Third Pay Commission, he was entitled to the salary of Rs.1500-3400. As the petitioner was denied the said benefit, he filed a representation dated 26th January, 1992, but as despite the same no relief has been granted to him, he filed a writ application before this court and by an order dated 24.7.92, Susanta Chatterjee, J. directed his representation as contained in annexure "C" to the writ application, to be considered by the competent authority. Pursuant to and in furtherance of the said order, officer on special duty has passed an order on 21.10.93 stating-