STATE OF WEST BENGAL Vs. NANI GOPAL DUTTA

JUDGEMENT

(1.) These are two petitions for staying the operation of the judgment and order dated 23rd March, 1989 passed in Matter No. 1436 of 1988 one filed by the State of West Bengal and two others and the other by Shri Sabyasachi Sengupta and four others, all being officers in different departments of the Government of West Bengal and all belonging to the West Bengal Civil Service.

(2.) The facts relevant for the present purpose may be stated as follows:

(3.) The two wings of the services were unified by the provisions of West Bengal Services (Unification of State Services) Rules, 1974. These Rules which came into effect from 1st March, 1974 virtually superseding the Rules of 1930 and such other Rules, provided a senior scale and a junior scale of pay. All the members of the erstwhile W.B.C.S. were given the senior scale and all the members of the erstwhile W.B.J.C.S. were given the junior scale, the junior scale officers being eligible for promotion to the senior scale after six years of service. After the coming into effect of these Rules, all new entrants had to start from the Junior Scale. The interests of the candidates under recruitment through competitive examinations already held were, however, fully protected under Rule 5.