ANIL KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal, the appellants have challenged the judgment of Sabyasachi Mukherji, J. : whereby the learned Judge discharged the Rule Nisi issued no the application of the appellants under Article 226 of the Constitution.

(2.) The appellants and three others were recruited from the Bar and were appointed to the posts of Munsifs on the recommendation of the High Court. The respondent Nos.7 to 16 were also appointed Munsifs on the recommendation of the West Bengal Public Service Commission on the result of their examinations. All these appointments were made during 1971. The names of the appellants in the Civil List corrected as on January 1, 1975 and published in 1978 were shown against Serial Nos. 194, 196, 197, 199, 200 and 201 respectively, except that the appellant No.3 whose seniority position had been as No.1 in the list of Probationary Munsif at Page 362 of the Civil List by reason of his not passing the departmental test. The names of the respondent Nos.7 to 16 who were not recruited from the Bar, but were appointed through Public Commission by passing the relevant examinations were shown against Serial Nos.207 to 211 in the said Civil List. In other words, the appellants were shown as seniors to the respondent Nos.7 to 16 in the Civil List. In this connection, we may refer to Rule 2 of the West Bengal Service (Judicial Determination of Seniority) Rules, 1961, which is as follows: -

(3.) As the appellants were bar recruits, their names were placed in the Civil List above the respondent Nos.7 to 16 on the basis that both the appellants and the respondent Nos.7 to 16 were appointed against 1969 vacancies. In his letter dated December 21, 1978, the Secretary to the Government of West Bengal, inter alia, stated to the Additional Registrar, High Court, Appellate Side, Calcutta that on the basis of the revised order issued by the Government, the position of the appellants would be below the respondent Nos. 7 to 16. The appellants felt aggrieved Secretary to the Government of West Bengal dated December 21, 1978 and challenged the same by filing a writ petition in this Court, on which a Rule Nisi was issued.