Supreme Court of India · 2011-09-14
State Of West Bengal And Ors vs Debasish Mukherjee And Ors
- Citation / case number
- AIR 2011 SUPREME COURT 3667
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal And Ors
- Respondent
- Debasish Mukherjee And Ors
- Author
- R.V.Raveendran
- Bench
- Markandey Katju, R. V. Raveendran
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's order regarding the pay fixation of Gopinath Dey and the claims of senior employees under Rule 55(4) of the West Bengal Service Rules. The Court reiterated that benefits granted in violation of law cannot be claimed by others, citing Article 14 of the Constitution and previous judgments (AIR 1974 SC 2177, AIR 1995 SC 705). The Court concluded that the illegality in granting benefits to Dey could not be perpetuated, thus denying the senior employees' request for pay parity.