ANIL KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners are seven in numbers who are working as Munsiffs under the Govt. of West Bengal being posted at different places of West Bengal. In response to a notification dated 30th of November, 1968 the petitioners who claimed that they were eligible to appear in such selection applied for the post and they there after appeared in the Selection held in or about September, 1969. The petitioners further state that they were selected for the posts of Munsiffs and got their appointments in the year 1971, petitioners nos. 1 to 6 in May, 1971 and petitioners no. 7 in November, 1971 and the petitioners joined the services accordingly. On completion of the probationary period, the petitioners were duly confirmed as Munsiffs and they have been working as Munsiffs efficiently, deli gently and satisfactorily, according to the petitioners. The letters of appointment of the petitioners were issued under the signature of the Secretary, Judicial Department and in the case of the petitioner no. 7, under the signature of the Joint Secretary, Judicial Department, copies of such letters of appointments have been annexed by the petitioners with the petition. It may incidentally be mentioned that in the notification inviting the application which was issued on the 30th of November, 1968 it was stated that the application for selection should reach the Registrar, High Court, Appellate Side not later than 24th of December, 1968. Copies of the letters of appointments which were given to the petitioner were forwarded to the Accountant General, West Bengal and in the note forwarding the copies to the Accountant General of West Bengal it was stated as follows :

(2.) IN all the letters similar endorsements appeared. It is further the case of the petitioners that there was selection held in September, 1969 for the appointment of Munsiffs from the practicing advocates in the Bar out of which 10 candidates got their appointment in 1970 and 12 candidates got their appointments in 1971 put of which 4 have since left the services. In the year 1969 another selection was held for the appointment of Munsiffs by the Public Service Commission and by the said selection 10 candidates were appointed as Munsiffs in the year 1970 one of whom has since left the services. Subsequently, further candidates were appointed as Munsifs through Public Service Commission in the year 1971. The petitioner claimed that all such appointments were made against the vacancies occurring in the year "1969. The petitioners assert that as the petitioners were appointed as Munsifs being recruited from the Bar against the vacancies occurring in 1969 their seniority position as per prevailing West Bengal Civil Service (Determination of Seniority) Rules, 1961 were above the recruits through Public Service Commission who also got their appointments against the vacancies of 1969. It may in this connection be appropriate to refer to the West Bengal Civil Service (Judicial) (Determination of Seniority)Rules, 1961. Rule 2 of the said rule provided as follows :

(3.) THE petitioners further assert that the fact that they were appointed against the vacancies of 1969 would be corroborated by their positions in West Bengal Civil List corrected as on 1st of January, 1975 which has been published in 1978. The petitioners state that the serial nos. of the petitioners are in that civil list 194, 196,197, 199, 200 and 201 respectively except that the petitioner no. 3 whose seniority position has been shown as No. 1 in the list of probationer munsifs at page 362 of the civil list by reason of his not passing the departmental test. And the petitioners further assert that the seniority position of petitioner no. 3 in fact should have been shown in between the serial numbers of the petitioner nos. 2 and 4. The petitioners further contend that in the said civil list the serial numbers of the first batch of 10 Munsifs recruited from the Bar against the vacancies of 1969 are 184-193 and the respondent nos. 7 to 15 who are not recruited from the Bar but are appointed through Public Service Commission by passing: the relevant examinations are 202 to 211. The petitioners, further, assert that the seniority of the petitioners has systematically been given effect to by the authority and petitioner no. 7 was regarded as senior to respondent no. 8 and worked as Sub-Divisional Munsifs at Diamond Harbor when both were posted at the said station for about 21/2 years.