MANMATHA NATH GHOSH Vs. BAIDYANATH MUKHERJEE

JUDGEMENT

(1.) This appeal by special leave impugns the judgment of the Special Bench of five Judges of the High Court of Calcutta, which allowed two Letters Patent Appeals Nos. APO 601/87 and APO 604/87 and dismissed Appeal No. 187/88 and Writ Petition No. 5497/87. Appeals, APO 601/87 and APO 604/87 arose out of the judgment of a learned Single Judge (Ajit Kumar Sengupta, J.) in Writ Petition No. 1033/84. Appeal No. 187/88 and Writ Petition No. 5497/87 that raised similar issues were also referred to the Full Bench. The Full Bench by a common judgment decided all the matters assigned to it.

(2.) In all the Chartered High Courts, which exercise Original Jurisdiction, there has been traditional rivalry between the officers working on the Appellate Side and those working on the Original Side. The case on hand is yet another example of this rivalry resulting in expenditure of judicial time and talent which could have been utilised for better purposes. Facts:

(3.) The appellants before us are officers on the Original Side of the Calcutta High Court designated as Recording Officers (Court). They were traditionally and historically treated as equal in status with Assistant Registrar (Court) on the Appellate Side. Before the First Pay Commissions recommendations, the pay scales applicable to these two categories were the same. Prior to 1961 the pay scale was Rs. 250-400; after 1961 pay revision the pay scale applicable to both the categories was Rs. 500-700 and on and after 24.10.1968 both the categories of officers were placed in the pay scale of Rs. 300-900. The First Pay Commission recommended that the same emoluments be paid to these two categories of officers.