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september 2011

Supreme Court of India · 2011-09-14

STATE OF WEST BENGAL vs DEBASISH MUKHERJEE .

Citation / case number
SC 2005/9146
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
DEBASISH MUKHERJEE .
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,MARKANDEY KATJU, , ,

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's order allowing appeals by employees seeking pay parity with Gopinath Dey, emphasizing that benefits granted to one employee cannot be claimed by others if they were obtained illegally. The Court reiterated that Rule 55(4) of the West Bengal Service Rules does not permit stepping up pay based on illegitimate advantages. The judgment reinforced the principle that illegality in pay fixation cannot be perpetuated, aligning with Article 14 of the Constitution of India and previous rulings such as AIR 1974 SC 2177 and AIR 1995 SC 705.

STATE OF WEST BENGAL vs DEBASISH MUKHERJEE . · Niyam