SISIR KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Under challenge in these appeals is the judgment and order dated 11th of July, 2008 passed by an Hon'ble Single Bench in writ petition being WP 10657(W) of 2007, refusing the relief of computation of the seniority of the petitioners w.e.f. the date of their substantive appointments in service, i.e. 5th October, 1996 and instead, accepting their seniority w.e.f. 21st December, 2006, being their date of regularisation in the cadre of Bengali Stenographers (for short BS).

(2.) The Hon'ble Single Bench further held that although the seniority of the petitioners be prospectively computed from 21st December, 2006, they shall not face any deductions on account of grant of increments/enhancement of salaries as received by them under the Career Advancement Scheme (for short CAS). The issue before the Hon'ble Division Bench therefore now stands on the sole footing as to whether the petitioners are entitled to claim seniority from the date of their substantive appointments in service or, the action of the State-respondents in regularising the petitioners in the common gradation list from a prospective date is legally permissible.

(3.) Presenting the short facts of this case, Mr. Parathi Sarathi Bhattacharyya, Ld. Senior Counsel for the appellants submits, that by way of a regular appointment notice dated 6th/7th September, 1989 issued by the Deputy Secretary, Judicial Department, Government of West Bengal connected to the District Judgeship of Birbhum, the Government decided to introduce transcription of the depositions taken in Court proceedings in the Bengali language for both District Civil and Criminal Courts w.e.f. 18th September, 1989. Therefore, the Governor was pleased to sanction the creation of 7 posts of BS in the Judgeship of Birbhum, i.e. 3 Bengali Translators and 4 Bengali TypistsCopyists.