SIDDHANATH CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application under Article 226/227 of the Constitution of India is at the instance of applicants before the West Bengal State Administrative Tribunal and is directed against the order dated December 15, 2004 passed by the State Administrative Tribunal in T.A. No. 250 of 2001 arising out of C.O. No. 15740 (W) of 1986 by which the Tribunal has rejected the application filed by the petitioners.

(2.) The writ petitioners are seven in number and out of them, four have already retired from service and the others were serving under the Collector of Birbhum. The petitioner No.3 has died during the pendency of the present writ application and on his death, his heirs and legal representatives have been brought on record by allowing an application for substitution.

(3.) The case made out by the writ petitioners may be summed up thus: (a) All the seven writ petitioners were appointed as Lower Division Clerk during the years 1965-1969 as direct-recruits and all of them were promoted to the post of Upper Division Clerk in the year 1981. The respondent No. 7, on the other hand, was initially appointed as a Muharrir in the year 1959, was appointed as Lower Division Clerk in the year 1972 by way of promotion and subsequently, was further promoted to the post of Upper Division Clerk in the year 1985.