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Regarding Finance Dept Concurrence Requirement for application of Rule 55(4) of WBSR Pt-I

Memo no. 957-F Dated: 21-01-1983 Finance Department Govt. Of West Bengal

Summary: This Memorandum (No. 957-F), issued by the West Bengal Finance Department on January 21, 1983, addresses irregularities and court disputes arising from the improper application of Rule 55(4) of the W.B.S.R., Part-I, which led to government servants improperly claiming higher pay fixations relative to junior employees. To resolve these anomalies and ensure timely legal defense, the Governor directed that all related court cases be properly contested, fixations for specific basic posts (like L.D.C.s, Typists, and Agriculture Directorate Pump Operators) tied to court orders or Selection Grades require Finance Department approval, and all future pay protection under Rule 55(4) must be approved by the Finance Department.

Government of West Bengal

FINANCE DEPARTMENT

AUDIT BRANCH

No. 957-F Dated, Calcutta, the 21st January, 1983

MEMORANDUM

It has been brought to the notice of the Government that different Departments/Offices have been refixing the pay of Government servants at a higher rate in relation to the pay of their junior employees by application of Rule 55(4) of the W.B.S.R., Part-I without taking into account the conditions as laid down in the relevant rules as well as the Clarifications issued by the Finance Department from time to time. Consequently, in some cases the Government servants are approaching the Hon'ble High Court for higher fixation of their pay in relation to some junior employees whose pay have been stepped up by improper application of Rule 55(4) of the W.B.S.R., Part-I. It is also noticed that in a number of such Court cases, the petitions filed by the Government servants have not been properly contested by the concerned Departments and the judgement went in favour of the petitioners. Even after receiving the judgement, the concerned Departments neither filed appeal within due time nor they approached the Finance Department for views. As a result, in a number of cases fixation of pay of the employees has to be made at higher rates in relation to the employees who got higher rate of pay either on the basis of the order of the Hon'building High Court or due to improper application of rule. The number of Court cases is also increasing. The position has, therefore, become very much complicated and anomalous.

In order to stop recurrence of such irregularities and also to deal with such cases in a just and equitable manner, the Governor is pleased to direct that henceforth the following guidelines should be followed in dealing with cases of fixation of pay by application of Rule 55(4) of the W.B.S.R., Part-I:

(1) The Court cases already field by the employees for higher fixation of pay by application of this Rule shall be properly and timely contested.

(2) Fixation of pay of the basic post viz., L.D.C., Typist and Pump Operators in the Agriculture Directorate in relation to the junior in the same cadre who got higher fixation due to the order of the Hon'ble High Court which was not properly contested or who got N/I Selection Grade in their lower substantive posts shall not be made without the approval of the Finance Department,

(3) Henceforth fixation of pay by operation of rule 55(4) of the W.B.S.R., Part-I shall be made with the approval of the Finance Department.

Necessary amendment in the relevant rule to this effect is being made shortly.

Sd/- G. Venkataramanan

Secretary to the

Government of West Bengal

Finance Department

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