UNIVERSITY OF CALCUTTA Vs. AMITAVA BANDOPADHYAY

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated August 12, 2016 passed by a learned single Judge in W.P. No. 28230 (W) of 2014 allowing the writ petition and directing the respondents to re-fix the writ petitioner's scale of pay in the Pay Band of Rs. 37,400/- to Rs. 67,000/- with effect from the date of joining i.e., May 15, 2008 and thereafter to take steps for releasing all arrears which had accrued in favour of the writ petitioner. Such exercise was directed to be completed within a period of three months from the date of the communication of the judgment and order.

(2.) The case of the writ petitioner who is the respondent no. 1 in this appeal, inter alia, was that while working as a Senior Environmental Engineer under the West Bengal Pollution Control Board (WBPCB, for short), he applied for the post of Reader in the department of Chemical Engineering of the University of Calcutta. He was selected and he joined the post on May 15, 2008. His service was confirmed by a letter, dated July 30, 2009. He has been placed at the higher Pay Band of Rs. 37,400/- to Rs. 67,000/- and was re-designated as an Associate Professor from the year 2011.

(3.) The respondent no. 1 says that at WBPCB he was drawing his salary in the Pay Band of Rs. 28,000/- to Rs. 52,000/- from the year 2006 till 2008 when he left the services there. He has alleged that there exists only two distinct Pay Bands for University teachers viz., i) Rs. 15,600/- to Rs. 39,100/- and ii) Rs. 37,400/- to Rs. 67,000/-, as per the UGC Regulations of 2010. The Pay Band that he was enjoying when he left the WBPCB fell between these two distinct Pay Bands in the University teaching. Since his service was treated as a continuous one, he is entitled to the higher Pay Band of Rs. 37,400/- to Rs. 67,000/- from the date of his joining the University.