29.07.2026 27 sdas WPA 29393 of 2025 Sri Uttam Majumder Vs. Finance Department, Audit Branch, Government of West Bengal & Ors. Mr. Pratik Ghose Mr. Avishek Roy Chowdhury .….. for the petitioner Mr. Pramod Kumar Drolia ……. for the State 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner is aggrieved that he was not getting the higher scale of pay, to which he is entitled under the Memorandum No. 1091-F(P2) dated March 1, 2024. The petitioner worked as a Group-D employee on a contractual basis. 3. The petitioner had been given benefit of several memorandums, pursuant to which his scale of pay had been substantially increased during the tenure of his service. However, he is aggrieved that the last memorandum, as aforestated, on March 1, 2024, had not been applied to him. He, thus, claims a higher scale of pay. The petitioner superannuated in 2025 and thus, pensionary benefits on this enhanced scale of pay, which he ought to have received. 2 4. Mr. Drolia, learned Advocate appearing for the State, submits that there is a clear discrepancy in so far as the petitioner’s date of birth is concerned. From the Aadhaar Card, disclosed and relied upon by the petitioner, his date of birth seems to be January 1, 1965, which would mean that the petitioner ought to have retired from service on 31st December, 2024. The petitioner, however, carried on in employment till December, 2025. The petitioner has, thus, taken twelve months salary to which he is not entitled. 5. There is a representation dated March 21, 2024, made by the petitioner before the respondent no. 4 which has been pending consideration. 6. I direct respondent no. 4 to decide this issue whether the petitioner is entitled to the benefits under the Memorandum dated March 1, 2024 and if found to be eligible, the benefits may be extended to him. However, even if such benefits are extended to him, the same will be done after appropriating an aggregate sum amounting to twelve months salary of the petitioner at the time of his retirement for the period from January 1, 2025 till December 31, 2025. 7. Representation will be considered and disposed of by the respondent no. 4 by giving a hearing to the petitioner with adequate prior notice within a period of eight weeks from the date of communication of this order. 3 8. With the aforestated directions, the writ petition is disposed of. 9. There will be no order as to costs. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)