ACHYUT KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal (F. M. A. T. . No. 3759 of 1986)has been heard along with another appeal being F. M. A. T. No. 2874 of 1986. The writ petitioners Sri Achyut Kumar Banerjee and others are the appellants in F. M. A. T. No. 3 759 of 1986 and the said appeal arises out of the judgment passed by the learned trial Judge on 4th December, 1986 in Civil Rule No. 4711 (W) of 1982 dismissing the writ petition made by the appellants Sri Achyut Kumar Banerjee and others. The other appeal viz. F. M. A. T. No. 2874 of 1986 has been preferred by the State of West bengal and other State Respondents against an interim order passed on 6th September, 1986 in the aforesaid writ petition. As in view of the dismissal of the writ petition in C. R. No. 47ll (W) of 1982, F. M. A. T. No. 2874 of 1984 arising out of an interlocutory order had practically lost its importance and became infructions, the said F. M. A. T. No. 2874 of 1986 was not heard separately and the same is disposed of along with other appeal being F. M. A. T. No. 3759 of 1986. For the purpose of appreciating the disputes involved in F. M. A. T. No. 3759 of 1986, some salient facts are required to be stated.

(2.) THE writ petitioners Sri Achyut Kumar Banerjee and eight others are employees of this High Court and they are holding the posts of Assistant Registrars (Court) in the Appellate Side. All these writ petitioners have obtained' LL. B. Degree and under the existing rules of the University" they had to study the LL. B. Course after their graduation. The writ petitioners have contended that the degree in law of the University of Calcutta since obtained by the writ petitioners is a post graduate degree and such post graduate degree in law is "not an essential and requisite qualification for being appointed to the post of Assistant Registrar (Court) but for efficient discharge of the duties and responsibilities of the Assistant Registrar (Court), such post graduate degree in law is undoubtedly an added qualification for better and efficient discharge of their duties and functions.

(3.) THE Government of West Bengal, Finance Department, Audit branch had issued a Memorandum being No. 10035-F, dated 21st October, 1974 by which the Government after considering the recommendation submitted by a Committee which was constituted to give a report as to the alleged anomalies of pay scale of the State Government employees inter alia decided that in order to attract men of quality and also for removing frustration, six incremental benefits would be given to those who would obtain post graduate degree of recognised University subject to certain conditions as mentioned in paragraph 2 (iii) of the said memorandum and a copy of such memorandum has been annexed to the writ petition being Annexure 'c'.