(1.) THIS is an appeal against an order of judgment dated 29th of July, 1587 passed by S. R. Roy, J. in civil Rule no. 2665 (W) of 1985.
(2.) THE writ application was filed by the writ petitioners/opposite parties who were Laboratory Assistants and who in spite of their having been designated as Laboratory Instructors has been denied the status and pay of such posts of Instructors. The writ petitioners/opposite parties were Science graduates of different Universities and had been appointed as Laboratory assistants in different colleges on diverse dates as Laboratory assistants, the writ petitioners in addition to their normal duties had to perform and discharge the following duties:
(3.) ACCORDING to the writ petitioners/opposite parties the Laboratory Assistants were all along been treated as teaching staff and pay and allowances including the government share and dearness allowances were payable to them until the issuance of the Government Order No. 288-Edn/3a/5/68 (CS)dated 21st March, 1969 issued under the signature of the Deputy Secretary to the Government of West Bengal, Education Department college (Spon) Branch intimating that with immediate effect the Laboratory Assistants of the non-Government affiliated colleges would be treated as members of non-teaching staff. The designation was prejudicial to the interest of the Graduate Laboratory Assistants as the same had a direct bearing upon payment of Dearness allowances to them.