LAWS(CAL)-1981-12-21

BIPLAB BHUSAN MAZUMDAR Vs. STATE OF WEST BENGAL

Decided On December 11, 1981
Biplab Bhusan Mazumdar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In these two Rules, the petitioners have challenged the validity of two Circulars dated March 28. 1978 and May 6. 1978, both issued by the State Government, consequent upon the cancellation of their officiating appointments or promotions and reversion to their substantive ranks. The writ petitions, out of which these two Rules arise, have been filed by the petitioners in representative characters under rule 11 of the Rules framed by this Court relating to Article 226 of the Constitution of India. The petitioners are either Lower Division Assistants or Upper Division Assistants in different Government departments By the Circular dated December 1, 1972 issued be the Finance Department Audit Branch of the Government of West Bengal, certain guidelines for promotion were laid down. The guidelines were inter alia as follows :

(2.) It is considered necessary to indicate some guidelines in determining merit. The following facts should therefore be taken into consideration in deciding merit :

(3.) The marginally noted benefits as referred to in the said Circular are as follows :