Seniority Must Reflect in Pay, Not Just in Position: Calcutta High Court

In a significant judgment that underscores the importance of equitable pay in government services, the High Court at Calcutta has set a precedent by addressing a long-standing pay anomaly issue. The Hon’ble Justice Partha Sarathi Chatterjee, while delivering the judgment in the case of Uday Sankar Das Vs. The State of West Bengal & Ors., emphasized, “Seniority must reflect in pay, not just in position,” offering a new ray of hope to government employees facing similar disparities.

The petitioner, Uday Sankar Das, a retired 'Process Server', challenged the disparity in pay compared to his junior, citing Rule 55(4) of the West Bengal Service Rules, Part-I. The rule stipulates that the pay of a senior government employee should be re-fixed at the same stage as a junior colleague if the latter draws a higher rate due to pay scale revision or under normal rules.

The court meticulously reviewed similar precedents, Including the case of Union of India & Ors. –Vs- Shri C.R. Madhava Murthy & Anr., reported in 2022 (4) Supreme 435, which resonates with the principle that seniors should not draw less pay than their juniors. Drawing parallels, Justice Chatterjee observed, “If it is found that any junior employee draws higher scale of pay than his senior of the same cadre, to remove the pay anomaly, the pay of such senior employee is required to be stepped up.”

However, the petitioner’s claim lacked direct documentary evidence comparing his service records with those of the junior colleague. Consequently, the court did not grant an immediate ruling in favor of the petitioner. Instead, Justice Chatterjee disposed of the petition with an innovative approach, granting the petitioner the liberty to submit a comprehensive representation to the learned District Judge, South 24 Parganas.

The learned District Judge Is directed to reassess the petitioner’s claim within eight weeks upon receiving the representation. This measure ensures a thorough review while providing an equitable opportunity for the petitioner to substantiate his claims.

 Date of Decision: 20.11.2023

Uday Sankar Das  VS The State of West bengal & Ors.