SWAPAN DHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) Appellants herein were working as temporary pump operator in Calcutta Metropolitan Development Authority. They were transferred to the Calcutta Municipal Corporation (hereinafter referred to as "the Corporation"). They were asked to join by June 15,1978 on the post of Turn Cock which according to them was a lower post. A writ petition came to be filed by the appellants, inter alia, stating that they had a legitimate claim of being appointed as a Fitter Driver. By judgment and order dated 11.7.1986, a learned Single Judge of the High Court disposed of the said petition by directing the respondent-authorities to consider the case of the appellants from all aspects including the question of seniority and offer them suitable posts equivalent to the posts which they had been holding under the CMDA prior to their services being transferred to the Corporation.

(3.) It is alleged that the Deputy Municipal Commissioner (personnel) rejected the claim of the appellants by mis-interpreting the order dated 11.7.1986 passed by the High Court. Appellants filed another writ petition before the High Court. The said writ petition was allowed by a learned Single Judge of the Calcutta High Court by an order dated 8.1.1992 directing as under: