Union of India and Ors. v. Goutam Kundagrami and Ors.
Case brief
What is this about?
The petitioners challenged a High Court order upholding a Tribunal decision directing the Postal Department to grant enhanced wages to contingent paid staff under a 2015 circular. The Supreme Court dismissed the writ petition, holding that the Tribunal was correct in its finding.
What the court decided
39 23.11.22
WP.CT. 103 of 2022
Ct. No. 04
Akd
Union of India & Ors. Vs. Goutam Kundagrami & Ors.
Ms. Manashi Bhattacharya, Mr. Rajsekhar Basu. … for the petitioners. Mr. Ashok Chakraborty, Mr. Ujjal Roy, Mr. Arpa Chakraborty. … for the respondents.
The instant writ petition has been filed by the Union of India assailing an order dated 9th February 2018 passed in OA/350/00130/2016 directing the respondents to examine the claim of each of the applicants in the light of the circular dated 22nd January, 2015 and release wages accordingly and an order dated 1st October, 2021 passed in RA 350/1/2018, whereby and whereunder an application for review was disposed of.
The facts emanating from the instant writ petition are that the respondents were engaged as ‘part-time contingent paid staff’ under different Sub-Postmasters of the East Kolkata Division between the year 19801990 and alleged that they did not receive the enhanced Dearness Allowance since 2008. It was further alleged that the authorities failed to revise the wages consequent upon the recommendation of the 6th Central Pay Commission and they were not absorbed though otherwise entitled to. It was further alleged that though their status was shown as ‘parttime contingent paid staff’, yet they were getting salary on month wise basis, which was suddenly stopped on the basis of the Office Order dated. 22nd January, 2015.
Issues for consideration
2 issues framed by the court
Whether the impugned Tribunal order directing authorities to examine the claim based on the January 22, 2015 circular is legally sustainable.
Whether the petitioners, who were contingent paid staff, were entitled to the benefits of the said circular and enhanced wages.
Parties & counsel
- petitioner
Union of India
- respondent
Goutam Kundagrami
Coram
Harish Tandon
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · November
- Registered
- Case no.
- WP.CT/103/2022
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