STATE OF WEST BENGAL Vs. KALYANI CHOWDHURY

JUDGEMENT

(1.) This is an appeal filed by the State of West Bengal against the order and judgment passed by J. P. Mitter, J., allowing the writ application of the petitioner.

(2.) The facts are that one Nishakar Choudhury, the petitioner since deceased was a member of Bengal Civil Service (Judicial) and afterwards became member of the West Bengal Higher Judicial Service upto the time of his retirement on the 1st March, 1956. By an order dated 4.1.1954, he was confirmed in the grade of District Judge in the Higher Judicial Service with retrospective effect from 21.1.1951. And, in fact, at the time of retirement he was holding the post of Additional District and Sessions Judge, 24 Parganas at Alipore.

(3.) The main contention of the petitioner was that though he was confirmed as a District and sessions Judge by the order of the Government dated 4th January, 1954, with retrospective effect from 21st January, 1951, he was not promoted to the selection grade of Subordinate Judges on 15.1.1950 and that other officers who were junior to him were given the Selection Grade Subordinate Judges passing over the petitioner's claim for such Selection Grade which resulted certain pecuniary loss to him.