SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF WEST BENGAL Vs. WEST BENGAL JUDICIAL SERVICE ASSOCIATION

JUDGEMENT

(1.) My learned brother Mookherjee, J., and 1 have discussed the matter in all its aspects and agreed with each other. Because of the great confidence that 1 have in my learned brother, 1 requested him to prepare the judgment and 1 thought that 1 would be adding a few words of mine on some of the important points involved in this appeal. But after going through the judgment prepared by Mookherjee, J., 1 have felt that in view of the weight of reasons in and all-comprehensiveness of the judgment, any further words from me would be an idle and useless parade. 1, therefore, express my unreserved concurrence in the judgment. of my learned brother, appearing hereinafter and do not propose to come out with a separate note as 1 find nothing which 1 can usefully add.

(2.) S.K.Mookherjee, J.-The present Appeal is directed against the judgment and order passed by a learned single Judge of this Court, on 10th of March, 1989. By the said order the learned single Judge allowed the application under Article 226 of the Constitution of India, preferred on behalf of the respondents nos. 1 to 6 to the present appeal, by directing the State, Government inter alia to confer certain benefits, in the forms of scales of pay, such as, senior time-scale of pay, selection grade of pay, super-time scale of pay and special pay, by reducing the number of years of qualifying service for junior administrative grade, by granting house-rent allowance, dearness allowance and other financial allowances, in the same manner as were being received by the members of the Indian Administrative Service with effect, from 1st January, 1986. In the present appeal, the State of West Bengal represented by the Secretary, Department of Finance is the appellant.

(3.) From the submissions made before us, the subject matter of controversy between the contesting parties, in the appeal, appears to be three-fold,, namely, (a) grant of super-time scale of pay, (b) reduction of the period of qualifying service for grant of junior administrative grade and (c) the date as fixed by the learned trial Judge with effect from which such benefits have been made available to the writ petitioners.