THE CALCUTTA MUNICIPAL CO. COLLECTION DEPARTMENT EMPLOYEES UNION AND ORS. Vs. KOLKATA MUNICIPAL CO. AND ORS.

JUDGEMENT

(1.) By this writ application the petitioners have impugned order dated 13th Aug., 2001 passed by the Commissioner, the Kolkata Municipal Corporation, being the respondent No. 2 whereby and whereunder he has in purported compliance of the two orders and judgments dated 23rd June, 1999 (passed in A.P.O. No. 609 of 1997) and dated 22nd Sept., 2000 (passed in C.C. No. 17 of 2000), respectively refused to rectify or modify the final gradation list dated 26th Nov., 1998 and 25th June, 1999, and further prayed for substantive relief of rectification and/or modification of the final gradation list as above by determining and/or fixing the seniority, inter se , of the members of the petitioner No. 1 including petitioner nos. 2 to 6 and for other consequential benefits.

(2.) The fact of this case which is relevant and material for the purpose of the writ petitions set out as follows:-

(3.) The said contempt application was disposed of by Their Lordships, the Honourable Mr. Justice V.K. Gupta and Honourable Mr. Justice P.K. Sen as their Lordships then were by an order dated 22nd Sept., 2000. Their Lordships observed that the Commissioner failed to follow Their Lordships intention by implementing the earlier order in the matter of determination and fixation of the seniority in the common cadre constituted under the aforesaid 1994 regulation. Accordingly, Their Lordships pleased to clarify Their Lordships' mind in the manner as follows :