STATE OF WEST BENGAL Vs. AVIJIT CHOWDHURY

JUDGEMENT

(1.) Leave granted.

(2.) The respondents claim re designation as Sub Assistant Engineers in the Public works Department of the Government of west Bengal on the basis of a notification dated 19th of November, 1974. The exact designation of the six respondents who were the applicants before the Tribunal is not known. They have described themselves in the application before the Tribunal as holding offices for gain in different divisions of the Public Works Department. The Tribunal has allowed their applications originally filed as a writ petition before the High Court.

(3.) The notification of 19th of November, 1974 has been issued in exercise of powers conferred by the proviso to Article 309 of the constitution of India by the Governor making amendments to the West Bengal Services (Revision of Pay and Allowances) Rules, 1970. By the said notification Schedule I, part B of the said Rules of 1970 has been amended, inter alia, to provide that all Tests relief Overseers and other Diploma Holder engineers will henceforth be termed as Sub-Assistant engineers. The respondents acquired a diploma in Engineering while in service sometime between the years 1988 and 1991. The respondents claim re designation as Sub-Assistant Engineer under the said notification by virtue of having acquired a diploma in Engineering. There is, however, a further notification dated 30th of july, 1981 also issued under the proviso to article 309 of the Constitution by the Governor, further amending the West Bengal services (Revision of Pay and Allowances) rules, 1970. Under the said notification of 1981 Schedule I, Part 8 has been again amended, inter alia, to provide that Tests relief Overseers and other Diploma holder engineers shall not henceforth be termed as sub-Assistant Engineers. Thus, looking to the West Bengal Services (Revision of Pay and Allowances) Rules, 1970 as further amended in 1981 by the said notification of 30th July, 1981, the respondents are not entitled to claim re-designation as Sub-Assistant engineers under the Rules of 1970.