NURUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -The petitioner is a practicing advocate. In terms of Legal Aid to the Poor (West Bengal) Rules, 1974 an advertisement was issued on 4.6.1974 for the purpose of appointment of Member-Secretary of the District Legal Aid Committee having a consolidated salary of Rs. 500/- per month, pursuant whereto, the petitioner applied for and eventually appointed.

(2.) In this year 1976, a recruitment rule was framed in terms of the proviso appended to Article 309 of the Constitution of India whereby and where under the said post became a gazetted one and the controlling officer whereof was the District Magistrate. The Member-Secretary appointed under the said rule was to receive emoluments on the scale of pay fixed thereby Pursuant to the said rules, a fresh advertisement was issued on 11.11.1976. The petitioner applied for and was selected provisionally. But he was not finally appointed. He, however, discharged the duties of the Member-Secretary.

(3.) In January, 1981, the scheme for front of legal aid to the poor was re-oriented by framing West Bengal Legal Aid and Advice Scheme of 1980, in terms thereof a sea change was made and thereby, inter alia, the post of Member-Secretary was to be held by the Deputy Magistrate to be nominated by the respective District Magistrate. The petitioner thereafter along with others was allegedly removed from the service. Writ petitioners were filed before this Court questioning the said removal. The writ petition of the writ petitioner was marked as C.R. No. 5276(W) of 1981 wherein an interim order was passed in the following terms :-