BABULAL MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was a Group-D staff under the Judicial Department, District Judge, Purulia. Subsequently Judicial Department, Government of West Bengal sanctioned Four Fast Track Courts in Purulia for the speedy disposal of the cases for which certain post were created temporarily to facilitate the smooth functioning of the said Fast Track Courts. By an office order No. 169 dated 29th August, 2002 issued by the District Judge, Purulia, it was indicated that the post of the Lower Division Clerk in Group-C category may be filled by giving promotion to a Group-D staff but such promotion shall be given on seniority-cum-merit basis. The petitioner was ranked 9th in the selection post for being promoted to the post of Lower Division Clerk in Group-C category. Such promotion was given to the petitioner vide office order No.282 of 2002 which mandates that the same would be purely a temporary and adhoc promotion which may be cancelled at any time without giving any notice to the said temporary and adhoc promotee who may be reverted back to the Group-D Post if found incompetent for working to the said promotional post. The said order further postulates that the said promoted employees will get their pay and allowances from the date of the notification of the Judicial Department concerning the said Four Fast Track Courts, until such notification is made. Till then the adhoc and temporary promotees will draw pay and allowances of their previous posts.

(2.) THE petitioner who was holding a post of peon was initially promoted to the post of Lower Division Clerk vide office order no. 322 of 2002 dated 23.12.2002 but was thereafter reverted to the post of Group 'D' category vide office order no. 41 of 2003 dated 1.2.2003. Subsequently vide office order no. 121 of 2004 dated 24.6.2004 the petitioner provisionally was promoted to the post of Lower Division Clerk subject to the approval of an appropriate authority. The said office order further mandates that the said appointment on promotion is purely temporary, ad hoc and on trial basis and does not confer any right to such post. The said order further provides that the petitioner shall get his pay and allowances of a Group 'D' employee till the receipt of the approval from the government.

(3.) BY contending that non-payment of the pay and allowances to the adhoc appointees in parity with the regular appointees amounts to discriminatory act and is violative of Article 14 of the Constitution of India, he placed reliance upon a judgment of this court in case of West Bengal State Government Homeopathic Officers Association and Ors, Vs. State of West Bengal and Ors. reported in 1986 Lab I.C. 844 and a judgment of the Supreme Court in case of State of West Bengal and Ors. Vs. Pantha Chatterjee & Ors reported in (2003) 6 SCC 469.