ARUN KUMAR BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution, in which the petitioners claim a writ in the nature of Mandamus directing the respondents Nos. 1, 2 and 12 to forbear from Riving effect to or withdraw or cancel certain orders which are annexures C and H to the petition Annexure C is a letter from K C Roy. Joint Secretary to the Government of West Bengal, Judicial Department, to the Chief Judge. City Civil and Sessions Courts, Calcutta dated January 6, 1965 In that letter it was stated that he-fore the introduction of the revised pay scales from April 1. 1961. the scale of pay of lower division clerks in the district courts was Rs- 55-130 and the scale of pay of the same clerks in the Citv Civil and Sessions Courts was Rs 75-150 It was further stated that lower division clerks of the district court! who were appointed as lower division clerks in the City Civil and Sessions Courts in higher scales, were deemed as appointed on promotion to the higher scale And for that reason it was stated in G.O No 5337-J dated July 22, 1960. that the seniority of the lower division clerks in the City Civil and Sessions Courts would count from the date of their appointments on promotion in the City Civil and Sessions Courts. Thereafter this letter went on to direct that the difference between the two scales having disappeared since the introduction of pay scales with effect from April 1, 1961, the context in which the said G.O. No 5337 J dated July 22 1960. was issued was no longer in existence, and since the two scales of pay had been equalised the higher initial salary in one scale not at all mattering, the seniority among the present lower division dorks in the Citv Civil and Sessions Courts, would be determined according to their dates of substantive appointment in either of the two lower division scales in which they were first appointed It is the order contained in this letter which is the subject matter of this application. The other order which is Annexure H to the petition is also a letter from the Joint Secretary to the West Bengal Government, Judicial Department, to the Registrar, City Civil and Sessions Courts, Calcutta, dated December 1. 1965. in which it was stated that the representations made by the petitioners received careful consideration, but the prayer made by the petitioners could not be acceded to.

(2.) The facts briefly stated are as follows :-- The petitioners applied for and were appointed lower division assistants in the City Civil & Sessions Court (hereinafter referred to as the said Court). The petitioners Nos. 1 to 4 were confirmed in the said posts from June 1, 1963, March 1, 1962. December I, 1963 and March 1, 1962. The respondents Nos. 3 to 10 also applied for the posts of low-er division assistants in the said Court and were subsequently appointed as such assistants. Prior to their joining the said Court, they were drawing a pay of Rs 55-130 per month.

(3.) On July 22, 1960, the Assistant Sec retary to the Judicial Department, Government of West Bengal, Issued an order, laying down the principle of determination of seniority of the non-gazetted staff in the said Court. By this order the permanent employees of other departments. who were drawing a pay in a scale lower than the scale in which they were appointed in the said Court, would be considered to have secured promotion by their appointment to the said Courts, and their seniority would count from the respective dates of their appointment in the said Courts. On the basis of this order, petitioners were shown us senior to the respondents Nos. 3 to 10. On January 2, 1962, the West Bengal Services Revision of Pay and Allowances Rules were published in the Calcutta Gazette, and according to these Rules, the pay scale of the lower division assistants in the District Courts were changed to Rs 126-200 per month and in the said Courts a higher initial start of Rs 134 per month was given.