STATE OF WEST BENGAL Vs. AGHORE NATH DEY:BISWANATH GHOSH:MAJHARUL ISLAM KHAN:AGHORE NATH DEY:BISWANATH GHOSH

JUDGEMENT

(1.) These appeals involve for decision a common question, relating to fixation of seniority of certain Sub-Assistant Engineers appointed ad hoc temporary Assistant Engineers for a specified period in the PWD and the Irrigation and Waterways Department of the government of West Bengal, vis-a-vis the direct recruits in the cadre of Assistant Engineers appointed regularly according to rules in thesedepartments prior to the regularisation of the ad hoc appointees. The question was raised by the ad hoc appointees who were regularised subsequently, by filing writ petitions in the Calcutta High court claiming revision of their seniority, reckoned from the date of their initial ad hoc appointment. These writ petitions were dismissed by a single bench of the High court but the writ appeals were allowed by a division bench, resulting in grant of the relief claimed by the ad hoc appointees. It is these judgments, involving the common question of the merit of the claim of the ad hoc appointees for seniority, reckoned from the date of their initial ad hoc appointment, in the facts and circumstances of the case, which are challenged in these appeals.

(2.) Civil Appeal No. 3607 of 1988 is by the State of West Bengal while Civil Appeal No. 3610 of 1988 is by the adversely affected direct recruits who were respondents in the writ petition filed by the ad hoc appointees in the PWD. Civil Appeal No. 3608 of 1988 is by the State of West Bengal while Civil Appeal No. 3611 of 1988 is by the adversely affected direct recruits who were respondents in the writ petition filed by the ad hoc appointees in the Irrigation and Waterways Department. Civil Appeal No. 3609 of 1988 is a similar matter, also relating to the Irrigation and Waterways Department.

(3.) The material facts are only a few, and may be stated with reference to the PWD, pointing out the minor difference on facts between the ad hoc appointments made in the PWD and Irrigation and Waterways Department, which are not significant on the conclusion reached.