Decided on September 23,1983



- (1.) THIS is an appeal under clause 15 of the Letters Patent at the instance of the State of west Bengal and it arises out of a writ proceeding. The order under challenge is one dated April 20, 1981, passed by a learned single Judge of this court making absolute a Rule nisi issued on a writ petition which was registered as C. R. No. 19816 (W)/75. The short point, which arises for our consideration in this appeal, is as to whether a degree of Bachelor of Laws can be said to be a post graduate degree within the meaning of clause (iii) of the Government memorandum dated October 21, 1974. The material facts are not in dispute and may shortly be set out as follows :-
(2.) RESPONDENTS Nos. 1-5 in this appeal are all law graduates. They were the employees of the State Government working on different posts held by them all under the Id. District Judge of Hooghly. The State Government on October 21, 1974, accepted in part the report of a Special Committee earlier appointed by it to go into certain alleged anomalies in the pay scales of the employees in the new Intermediate Selection grade and in unified services and directed implementation of the recommendation so accepted. The material part in paragraph 2 of the said memorandum of the State Government is set out hereinafter since the entire case hinges upon the interpretation of the terms thereof: " (iii) In order to attract men of quality and also for removing frustration, the benefit of three increments shall be given to those who acquired specialised knowledge of a technical nature by obtaining post-graduate Diploma of recognised Universities and six incremental benefits for those who obtained post-graduate Degrees of the recognised Universities subject to the condition that these incremental benefits' shall be available once in their career who have not got it at the time of entry, may get it as soon as those post-graduate qualifications are obtained or who have already obtained - provided that a) these incremental benefits for post-graduate qualifications shall be admissible only in such cases where possession of those post-graduate qualifications of a specialised and technical nature would be considered as an added qualifications for the due discharge of their official duties and not otherwise; b) these incremental benefits due to post-graduate qualifications of a specialised nature would not be admissible in respect of posts whose recruitment rules require such post-graduate qualifications of technical nature as the minimum qualifications. "
(3.) RESPONDENTS Nos. 1-5 having applied for the necessary benefit under the aforesaid clause, the Id. District Judge, hooghly, by his order dated April 11, 1975, gave them the six incremental benefits on the view that they are possessed of post-graduate degrees of LL. B. and possession of such a degree is considered as an added qualification of specialised and technical nature for the discharge of their duties in the law courts.;

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