21.09.2026 Ct. No.446 Sl. No.152 akd W. P. A. 13329 of 2024 [Haripada Das & Ors. -Vs- The State of West Bengal & Ors.] Mr. Arup Kumar Lahiri Dr. Bishnupada Dutta Mr. A. Santra … … for the petitioners Mr. Pritam Choudhury … … for respondent no. 5 [High Court Administration] Mr. Sourav Mondal … … for respondent no. 4 [Accountant General, West Bengal] 1. The present writ petition has essentially been preferred praying for an appropriate writ and/or order directing the concerned respondent to extend to the petitioners the benefit of upgradation of pay in terms of Government Order No. 4550-F(P) dated 11th June, 2015 and Notification No. 22/JD/L 2S-23/04 (Pt. VI) dated 24th January, 2020. The petitioners have also prayed for a direction upon the concerned respondent to refix and revise their pay in terms of Government Order No. 37 dated 30th June, 2022, together with all consequential benefits thereunder, and to refix and revise their pension and other benefits incidental thereto. 2. Mr. Lahiri, learned Advocate appearing for the petitioners, submits that the petitioners were employees of the District Judgeship, Purba Medinipur and, upon attaining the age of superannuation, retired from service. He further submits that, during the tenure of their service, some of the petitioners served as Sheristadar in the Court of the learned Civil Judge (Junior Division), Purba Medinipur, while the others served as 2 Sheristadar in the Court of the learned Civil Judge (Senior Division), Purba Medinipur. 3. He further submits that, pursuant to the recommendations of the Shetty Commission, the employees of the Judgeship who were working as Sheristadar in the Court of the learned Civil Judge (Junior Division) were re-designated as Sheristadar, while those serving in the Court of the learned Civil Judge (Senior Division) were re-designated as Senior Sheristadar. Their pay was accordingly upgraded in terms of the Revision of Pay and Allowances, 2009 (in short, “ROPA 2009”), as would be evident from the Notification dated 24th January, 2020, appearing at page 42 of the writ petition. He submits that, although the benefits under the said Notification dated 24th January, 2020 have been extended to similarly situated employees of the District Judgeship, Purba Medinipur, who were in service at the relevant time, the same have not been extended to the petitioners, notwithstanding their entitlement thereto. 4. Mr. Lahiri, learned Advocate appearing for the petitioners, further submits that a Coordinate Bench had dealt with a similar issue in a writ petition being WPA 10177 of 2022 and disposed of the said writ petition by directing the concerned respondent to extend the benefits in question to the similarly situated employees. He accordingly submits that a similar order may be passed in the present case, directing the concerned respondent to extend the benefits under the Notification dated 24th January, 2020 to the petitioners and to release all arrears of pay and other consequential benefits, including the consequential revision of their pension. 3 5. Mr. Lahiri submits that, from the communication dated 1st September, 2023, issued by the District Judge, Purba Medinipur and addressed to the Principal Secretary to the Government of West Bengal, Judicial Department, it would appear that the learned District Judge had sought clarification in respect of a prayer made by a Stenographer for switching over to a cadre of equivalent grade on the clerical/ministerial side. He contends that, even if such Stenographer(s) are permitted to switch over to the said cadre, they would attain the status of Chief Administrative Officer and, therefore, the petitioners have no concern with such incident of switching over. 6. Mr. Chowdhury, learned Advocate appearing for the respondent no. 5, being the High Court Administration, submits that a Committee was constituted by the High Court Administration to examine the issue and, upon due deliberation, the Committee considered the introduction of a new scale of pay, subject to consideration by the Principal Secretary, Judicial Department, Government of West Bengal, in terms of the Notification dated 24th January, 2020. He further submits that the matter so considered was also circulated among the District Judiciary of the State. He submits, upon instruction, that if, upon verification of the relevant facts and upon being satisfied that the petitioners are similarly situated with the petitioners in WPA 10177 of 2022, such benefits are extended to the petitioners, the High Court Administration would have no objection thereto. 7. Mr. Mondal, learned Advocate appearing for the respondent no. 4, submits that the District Judge is the Drawing and Disbursing Officer of the Judgeship and as such, the District 4 Judge is the sole authority to consider the case of grant of such benefit to the petitioners. 8. On 12th August, 2026, when the matter was taken up for hearing, the State/respondents was represented by Mr. Giridhar Dhelia, learned Advocate. However, today no one appears on behalf of the State/respondents nor has any accommodation been sought on behalf of the State/respondents. 9. Heard the learned Advocates appearing for the respective parties and perused the materials on record. 10. Undisputedly, the recommendations of the Shetty Commission were accepted by the Hon’ble Supreme Court, subject to the modifications contained in its judgment, and the State of West Bengal also accepted the said recommendations for implementation in respect of the employees of the District and subordinate Courts. Pursuant to such recommendations, the employees working as Sheristadar in the Court of the learned Civil Judge (Junior Division) were re-designated as Sheristadar, while those working in the Court of the learned Civil Judge (Senior Division) were re-designated as Senior Sheristadar, and the pay attached to the respective posts was also revised accordingly. 11. The Notification dated 24th January, 2020, appearing at page 42 of the writ petition, indicates that, in compliance with the order dated 7th October, 2009, certain benefits were extended to the employees of the District Judgeships in the State. In order to appreciate the issue raised in the present writ petition, it would be apposite to set out the relevant portion of the Notification dated 24th January, 2020, issued by the 5 Principal Secretary, Judicial Department, Government of West Bengal, which reads as follows: “(a) The Sheristadar, in the Court of Civil Judge (Junior Division) or its equivalent, will carry w.e.f. 01.04.2003, the unrevised scale of pay of Rs.4800-10925/- under the WBS(ROPA) Rules, 1998 since revised to Pay Band 4 viz. Rs. Rs. 9000-40500/- plus Grade Pay of Rs. 4400/- under the WBS(ROPA) Rules, 2009. (b) Senior Sheristadar, in the Court of Civil Judge (Senior Division) or its equivalent [redesignated from the post of Sheristadar attached to Civil Judge (Senior Division) or its equivalent will carry, w.e.f. 01.04.2003, the unrevised scale of pay of Rs.5500-11325/- under the WBS(ROPA) Rules, 1998 since revised to Pay Band 4 viz. Rs. 9000-40500/- plus Grade Pay of Rs. 4400/- under the WBS(ROPA) Rules, 2009.” 12. Giving effect to the Notification dated 24th January, 2020, the concerned employees were re-designated and their pay was also revised, as would be evident from Establishment Order No. 37 dated 30th June, 2022, issued by the District Judge, Purba Medinipur, appearing at page 43 of the writ petition. Subsequently, a list of eligible employees was prepared, setting out the particulars of the employees entitled to the benefits under the said Notification dated 24th January, 2020, and the names of the petitioners herein were also included in the said list. However, notwithstanding their inclusion in the list of eligible employees, the actual benefits contemplated under the said Notification have not yet been extended to the petitioners. 13. Mr. Choudhury, upon instruction, submits that such benefits have already been extended to employees similarly situated to the present petitioners in other District Judgeships in the State of West Bengal. 14. The order dated 16th November, 2022, passed by a Coordinate Bench in WPA 10177 of 2022, indicates that the Coordinate Bench directed the concerned respondent to extend the benefit of upgradation of status, together with the 6 consequential benefit of upgradation of pay, to the employees whose posts had been upgraded by way of re-designation from Sheristadar to Chief Administrative Officer. 15. The record reveals that the District Judge, Purba Medinipur, did not extend such benefits to the petitioners and, instead, sought clarification from the Principal Secretary, Judicial Department, Government of West Bengal, as to the further course of action, particularly in view of an application made by a Stenographer of the said Judgeship praying for a change of cadre from Stenographer to the clerical and/or ministerial cadre and for preparation of a final gradation list. However, the pendency of such issue does not, in my considered view, explain as to how the petitioners, who have already retired from service upon attaining the age of superannuation, can be deprived of their legitimate entitlement to upgradation of pay and the consequential benefits arising therefrom, including revision of pension. 16. The Notification dated 24th January, 2020 indicates that the benefits contemplated thereunder were to be extended with effect from 1st April, 2003. It would further appear from the Establishment Order dated 30th June, 2022, issued by the District Judge, Purba Medinipur, that such benefits were extended to certain employees who were in service. 17. Therefore, having regard to the facts and circumstances of the present case, upon perusal of the materials on record and, in particular, taking into consideration the respective stands taken by the parties before this Court, I am of the considered view that there can be no impediment in extending such benefits to the present petitioners, provided they are found to be identically 7 circumstanced with the employees to whom the benefits under the Notification dated 24th January, 2020 and the Establishment Order dated 30th June, 2022 were extended. 18. In view thereof, the writ petition is disposed of by directing the respondent no. 3 to consider the petitioners’ claim for extension of the benefits under the Notification dated 24th January, 2020, together with all consequential benefits, including revision of pay, arrears of pay and other incidental benefits, upon completion of all necessary formalities and after examining whether the petitioners are identically circumstanced with the employees to whom the benefits under the said Notification dated 24th January, 2020 and the Establishment Order dated 30th June, 2022 were extended. 19. The respondent no. 3 is further directed to ensure that, upon revision of the pay of the petitioners, their pension, including the basic pension, is revised accordingly and all consequential benefits arising therefrom, including arrears of pension, are extended in their favour. 20. The aforesaid benefits shall be released positively within a period of three months from the date of receipt of a copy of this order. 21. With the aforesaid observations and directions, WPA 13329 of 2024 is disposed of. 22. There shall be no order as to costs. 23. Let urgent Photostat certified copy of this order be made available to the parties, if applied for, upon compliance of usual formalities. (Partha Sarathi Chatterjee, J.)