Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.(s). 6221 OF 2013
THE STATE OF WEST BENGAL Appellant(s)
VERSUS
WEST BENGAL DAIRYMENS ASSOCIATION AND ORS Respondent(s)
J U D G M E N T
KURIAN, J.
(1) The appellant-State approached this Court with certain
grievances regarding the fixation of pay of the respondents.
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(2) On 10 January, 2018, Mr. R. Venkataramani, learned
senior counsel appearing for the employees, made a submission
that had there been no merger of the two directorates, the
employees belonging to the respondent association would have
been in a better position under the Career Advancement Scheme,
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1990 (CAS) which was further modified on 13 March, 2001 and
subsequently followed by Modified Career Advancement Scheme,
2001 (MCAS).
(3) Having said that we may also, for the purpose of clarity,
make a limited reference to the dispute in-question.
(4) At the time of merger of the two directorates, it is the
case of the appellant-State that the employees were given the
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.05.08
17:21:19 IST
Reason:
benefit of merger by granting higher pay-scales and hence they
were denied the benefit of CAS and MCAS. It was in that
background, the above submission of learned senior counsel was
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noted.
(5) Today Mr. R. Basant, learned senior counsel appearing for
the appellant-State, on instruction, submits that the State
does not want to pick a quarrel on this issue. In order to
give a quietus, the State is prepared to grant the benefit of
CAS/MCAS benefits to the employees, in case they forgo the
benefits received under the scheme of merger.
In view of above, we dispose of this appeal as follows:
(1) The employees of the respondent-organisation
shall be granted the benefit of CAS/MCAS, as were
granted to other government employees under the said
Schemes.
(2) The amounts already paid to the employees under
the Scheme of Merger shall be adjusted while settling
the monetary claims under CAS/MCAS.
(6) Needful shall be done by the appellant-State within two
months from the date of receipt of copy of this judgment.
..........................J.
(KURIAN JOSEPH)
..........................J.
(MOHAN M. SHANTANAGOUDAR)
..........................J.
(NAVIN SINHA)
NEW DELHI,
APRIL 24, 2018.