GOUTAM KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) PETITIONER challenged the following decision of the State. Sri Goutam Das and Sri Somenath De joined as Moharrir on the same date. Sri Goutam Das, being the senior amongst the two, got the opportunity of promotion to LDC and hence, to be counted along with the LDCs. Sri Somenath De comes within the purview of redesignation and scope of promotion on 01.07.1989. The orders effecting promotions of Moharrirs to LDCs can not be reviewed, being a fait-accomply Facts would depict that Goutam and Somenath being the petitioner and the private respondent were working as Moharrir in the Department of Land and Land Revenue working under the Additional District Magistrate, Bankura.

(2.) THEY joined their service in 1978. Goutam joined on January 10, 1978 and was confirmed on January 10, 1981. Goutam was promoted as Lower Division Clerk on March 8, 1989 and confirmed in the said post with effect from November 2, 1992. He got subsequent promotion as Upper Division clerk with effect from November 8, 1998. Somenath joined with Goutam on the same date however Goutam was shown as senior to Somenath as per the original Gradation List. Goutam got the promotion earlier to Somenath in the post of Lower Division Clerk. At the time of initial entry in service, both Somenath and Goutam were placed in the scale of Rs.180-350/-. As per seniority, list Goutam was placed as no.4 whereas Somenath was placed just after him. Both were confirmed on the same date with effect from January 1, 1981. As per Government of West Bengal Service (Reservation of Pay & Allowance) Rules, 1970) Moharrirs under the Registration Directorate of the Judicial Department and Moharrirs in Land and Land Revenue Department as well as their counter part earlier working under the Board of Revenue were all placed in the pay scale of Rs.180-350 with effect from April 1, 1970. The Judicial Department vide Memo dated May 8, 1978 placed the Moharrirs working under them in the pay scale of Rs.230-425/- with retrospective effect from April 1, 1970 subject to the condition that they would not be entitled to any arrear. As a result, other Moharrirs working in Land and Land Reforms Department or any other Department working under the scale of Rs.180- 350/- were deprived of the higher scale which their counter part got in Judicial Department. This became a subject matter of challenge before this Court through writ petitions. Ultimately, they succeeded and as per ROPA 1970 they were given the identical scale of Rs.230-425/- which eventually is the pay scale for the Lower Division Clerk in other Department. The High Court granted the relief that attained finality at the Apex Court level. The State, thus, extended the benefit to all Moharrirs working in other Department through Memorandum dated January 18, 1982 with retrospective effect from April 1970 without any arrear adjustment vide Memo dated February 23, 1989.

(3.) IN this backdrop let us consider the present controversy. As observed earlier, Goutam got the promotion in the post of LDC with effect from February 23, 1999 whereas Somenath was re-designated as LDC with effect from July 1, 1989 by virtue of the Memo dated January 19, 1989 appearing at page 57 of the petition. Somenath was however placed above Goutam in a combined Gradation List in the post of Upper Division Clerk. According to Goutam, he was admittedly senior to Somenath in the Gradation List of Moharrirs as per merit. He was erroneously shown as direct recruit in LDC. He was also a RLDC as on July 1, 1989 as he did not have any confirmed promotion in the post of LDC on that date. Despite service, Somenath did not appear either before the Tribunal or before us.