(1.) BOTH the writ petitions are taken up together for hearing and disposal on the submissions of learned counsel of both side since the fact of both the cases and the question of law raised are same and identical. Heard learned counsel Mr. R. Datta who has appeared on behalf of learned Sr. counsel Mr. A.K. Bhowmik for the petitioners in both the cases and learned Addl. G.A., Mr. S. Chakraborty for the State respondents in WP(C) No. 305 of 2005 and learned counsel Mr. J. Majudmer for the State respondents in WP(C) No. 306 of 2005.
(2.) AT the inception of his submission, learned counsel Mr. Datta has placed on record a copy of the judgment dated 08.10.2013 passed by this Court in WP(C) 7 of 2006 and has submitted that the case of the petitioners of that case and the cases of the petitioners of the present cases are same and identical. It is submitted by Mr. Datta that in view of that judgment, the present writ petitions also may be disposed of directing the respondents to give the present petitioners same and similar relief.
(3.) LEARNED Addl. G.A., Mr. Chakraborty and learned counsel Mr. Majumder referring to a Supreme Court decision in the case of State of Madhya Pradesh & Ors. v. Jogendra Sreevastava reported in : (2010) 12 SCC 538 has submitted that consequential relief of payment of arrears will have to be restricted to a period of 3(three) years prior to the date of the original application. We may gainfully refer here para. 18 of the judgment which reads as follows: -