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Vs. the High Court Employees'S Welfare Associationrespond

Type Court Judgment Court Kolkata Decided Oct 11, 2012
~3 min read
https://sooperkanoon.com/case/1059433

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Citation
Court
Kolkata High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Respondent

The High Court Employees'S Welfare Associationrespond

Excerpt

.....to discuss the matter with the hon’ble the chief justice. accordingly, this matter is adjourned till the 27th of november, 2012 awaiting further intimation in this regard which will be communicated after discussions with hon’ble the chief justice. let it be recorded that in pursuance of the aforesaid offer made in paragraph 13, mr.ghosh pointed out that hon’ble the chief justice by his note dated 21.8.2012 had already stated that this matter be accepted till fresh rules are finalised as per recommendation of the special pay commission. in other words, what the chief justice wanted to say, was that this offer should be treated as an interim measure awaiting final rules. mr.ghosh is directed to file an affidavit bringing on record the aforementioned letter dated 21.8.2012 upon which hon’ble the chief justice had made the said noting. it goes without saying that the office of the finance minister shall immediately get in touch with the office of the hon’ble chief justice for an appointment so that fresh discussions can be held. all parties concerned are to act on a photostat signed copy of this order on usual undertakings. (tapen sen, j.) msen

Full Judgment

ORDER

SHEET GA No.2675 of 2012 In WP No.1630 of 2010 with CC No.28 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAMAR GHOSH & ANOTHER Versus Petitioners THE HIGH COURT EMPLOYEES'S WELFARE ASSOCIATION & ANOTHER.

Respondents BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :

11. h October, 2012.

For Petitioner : Mr.Soumya Majumdar, ADvocate For High Court : Mr.Alak Kumar Ghosh, Advocate For State : Mr.Anindya Mitra, Ld.

Advocate General Mr.Subrata Galukdar, Advocate The Court : With regard to the statements made in Paragraph 13 of this Application, it has been suggested that for finalisation of the matter regarding fresh Rules to be framed in connection with the Revision of Pay and Allowances of the Employees of the High Court, Calcutta, the State Government, at present, can grant additional 2 (two) increments in the form of High Court Allowances to the concerned High Court Employees.

Mr.Mitra, learned Senior Counsel, Advocate General, stated that over and above, the Government is willing to pay House Rent Allowance and Dearness Allowance on the amounts referred to as High Court Allowance.

Mr.Majumdar, learned Counsel appearing for the Petitioner on the other hand, stated that the problem can be solved if 2 (two) allowances referred to in Paragraph 13 be treated as 2 (two) increments to be merged with the Basic Pay.

Mr.Majumdar also stated that the amount if so added, will come to an increase of approximately Rs.600/- to Rs.700/- on an average.

Be that as it may, learned Advocate General requested that they may be given another opportunity to discuss the matter with the Hon’ble the Chief Justice.

Accordingly, this matter is adjourned till the 27th of November, 2012 awaiting further intimation in this regard which will be communicated after discussions with Hon’ble the Chief Justice.

Let it be recorded that in pursuance of the aforesaid offer made in Paragraph 13, Mr.Ghosh pointed out that Hon’ble the Chief Justice by his Note dated 21.8.2012 had already stated that this matter be accepted till fresh Rules are finalised as per recommendation of the Special Pay Commission.

In other words, what the Chief Justice wanted to say, was that this offer should be treated as an interim measure awaiting final Rules.

Mr.Ghosh is directed to file an Affidavit bringing on record the aforementioned Letter dated 21.8.2012 upon which Hon’ble the Chief Justice had made the said noting.

It goes without saying that the Office of the Finance Minister shall immediately get in touch with the Office of the Hon’ble Chief Justice for an appointment so that fresh discussions can be held.

All parties concerned are to act on a Photostat signed copy of this Order on usual undertakings.

(TAPEN SEN, J.) msen

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