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.