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2025 DAILYLAW 33060 (CAL)

DEBASISH BHATTACHARYA v. UNION OF INDIA & ORS

WP.CT/129/2015 · 2025-06-17

Madhuresh Prasad, Supratim Bhattacharya

body2025

Judgment text

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17th June, 2025 (D/L No.20) Ct. No.4 (SKB) W.P.C.T.129 of 2015 Debasish Bhatacharyya Versus Union of India and others Mr. Debashis Saha, Mr. Sanjoy Ghosh, Mr. Avirup Roy Sanyal, Ms. Sucheta Pal ….for the petitioner. 1. The issue arising for consideration is protection of grade and status of the petitioner prior to his decategorisation. 2. The Central Administrative Tribunal (in short ‘Tribunal’) has found that in terms of the Railway Board letter dated 04.03.2002 bearing No.E(NG)1- 2001/RE-3/5, the petitioner was entitled to protection of his grade and status based on the pay scale of Rs.3200/- to Rs.4900/- in the post of Head Constable to which post he had already been promoted, prior to his decategorisation. 3. The petitioner, on the other hand, claimed that he is entitled to fixation of pay scale of Rs.4500/- to Rs.7000/- claiming parity with other similarly situated employees in terms of one Circular dated 27.11.2006. 2 4. We find that the Tribunal has taken note of the fact that the pay scale of Head Constable granted prior to his decategorisation has to be protected. Therefore, in this regard the petitioners can have no grievance. Insofar as the claim based on parity with others whom the petitioner’s claim to be similarly situated, we find that such claim is not connected with the issue of decategorisation, but based on one circular dated 27.11.2006. 5. We, thus, leave the issue open for the petitioner to agitate in appropriate proceedings. Thus, we find no infirmity in the order of the Tribunal. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner, as prayed for. 7. None appears for the respondents when the matter is taken up for hearing. No accommodation is sought for. 8. Urgent photostat copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)