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Judgment
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The Court : Affidavit of service filed in Court today be kept on record. The petitioners are aggrieved by the order of the Kolkata Port Trust dated 8th April, 2020 relating to revision of pay and allowances of Class I and II Officers of the Major Port Trust and the Dock Labour Board.
According to the petitioners, in view of the aforesaid pay revision, substantial amount is being deducted from their salary on account of alleged overdrawn payment.
The petitioners pray for an interim order restraining the respondents from recovering the alleged overdrawn amount, for the time being, subject to the result of the writ application.
The learned Advocate appearing on behalf of the Kolkata Port Trust submit that they were merely implementing the direction passed by the Union of India and for the purpose of implementation the necessary correction in the pay of the petitioners were being made.
The learned ASG appearing on behalf of the Union of India submits that the issue in question is already in active consideration by the Court in a previously filed writ petition being WP no. 1128 of 2016 (Dr. Aminul Islam Khan & Ors. vs. Board of Trustees for the Port of Kolkata and Ors.) which is pending adjudication and hearing has already been concluded in the said matter and judgment has been reserved on 13th March, 2020.
It has been submitted that most of the petitioners in the instant writ petition are also parties in the earlier writ petition.
It has been submitted that the Authority will take steps in terms of the order that will be passed by the court in the pending writ petition and necessary follow up action will be taken.
The petitioners have referred to a salary slip annexed at page 108 of the writ petition to indicate that recovery of certain amount is being made on account of overdrawn payment from their salary.
The issue involved in the writ petition has to be decided upon affidavits. Respondents are directed to file their affidavits-in-opposition within a period of eight weeks, reply if any, be filed within six weeks thereafter. The matter shall appear in the list after completion of affidavits.
As an interim measure, the respondents are restrained from making any recovery by way of deduction from the salary of the petitioners on account of alleged overdrawn payment till 10th December, 2020 or until further orders, whichever is earlier.
Liberty to mention.