GOPAL CHANDRA ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant application 54 writ petitioners have contended that they are registered stamp vendors under Tamluk Sub-Division and hold the requisite licences for stamp vending business for a long time. In 1949, members of the stamp vendors Association requested the State of West Bengal to enhance their income, who depend solely on the said business.

(2.) In response the Deputy Secretary to the Government of West Bengal issued a circular being no. 702(15) F.T. dated 4th April, 1940. Since the commission earned out of sale of stamps was insufficient, they made several representations to the Government of West Bengal to take effective steps so that new stamp vendors are not appointed by the District officials without considering the income of the existing stamp vendors. Considering the inadequate average income of the existing stamp vendors subsequently the Association moved a writ petition begin C. R. No. 3492(W) of 1982 against unlawful appointment of stamp vendors without taking into consideration the modest income of the existing stamp vendors as per circular dated 22nd July, 1967. Said Rule was discharged. Against such order, an appeal was preferred being F.M.A.T. No. 2634 of 1984. On 30.5.1985, the said appeal was disposed of by this Hon'ble Court with the direction that Government should decide the modest income of the existing stamp vendors working in the Collectorate, after considering the average income of the existing stamp vendors in accordance with Government circular No. 3007(15) dated 22.07.1967. It was also directed that the representation made by the stamp vendors Association should be considered and pending such determination no appointment should be given without leave of the Court. It was further observed that in arriving at a decision, the Government will have to consider the prevalent cost of living. In pursuance of the said directions of the said Hon'ble Court, the State of West Bengal issued a memo no. 1931 (17) F.T. dated 30.5.1986 determining the modest income of the existing stamp vendors with the following guidelines :

(3.) Thereafter, the respondent no. 2 issued an order stating, inter alia, the guideline of the stamp vendors. In the said Government order, the earlier department order no. 116(17) F.T. dated 10.1.1990 was referred to wherein it was decided that average minimum emoluments by way of pay and dearness allowance drawn by a Group C employee shall be taken into account for calculation of the net income of the licensed stamp vendors. In this context, the amount of pay of a Group C employee was calculated but without considering the said circular respondent no. 4 had declared the vacancies in the area where the existing stamp vendors were working at the same premises as shown below : Existing vendors with licence Nos. Proposed new Vacancies at the same premises. a) Krishna Prasad Pramanick. b) Naran Maity. c) Sadhan Jana. d) Pankaj Dinda. e) Sibabrata Maity. f) Mahadeb Maity. g) Manindra Nath Kar. a) Kumar Chak. b) Kuor Khali. c) Dibakarpore.