H.K.SEMA, J. - (1.) THE challenge in these two appeals is to the judgment and order dated 11.12.2002 passed in W.P.S.T.No. 1044 of 2002 by the Division Bench of the Calcutta High Court.
(2.) CIVIL Appeal No. 6383 of 2003 has been filed by Sankar Deb Acharya and Ors. and CIVIL Appeal No.6384 of 2003 has been filed by the State of West Bengal and Ors. both against Biswanath Chakraborty and Ors. Both the appeals raise a common question of law and as such they are being disposed of by this common judgment. We have heard the parties at length. Mr. Raju Ramachandran, learned senior counsel appeared for the appellants in Civil Appeal No. 6383 of 2003 and Mr. Altaf Ahmad, learned senior counsel, appeared for the respondents. We have also heard Mr.Ranjit Kumar, learned senior counsel for the appellants in Civil Appeal No. 6384 of 2003 and Mr. Tapas Ray, learned senior counsel, for the respondents.
(3.) THESE two appeals have a chequered history. Avoiding prolixity, we may state few facts strictly for the purpose of disposal of these two appeals. As the question of facts and law raised are common, we are taking facts from Civil Appeal No.6383 of 2003. The dispute raised in these two appeals is with regard to inter se seniority and promotions of the appellants and the private respondents, under the applicable rules, namely the West Bengal Services (Training and Examination) Rules, 1953, as amended, the West Bengal Services (Revision of Pay and Allowances) Rules, 1970 and the West Bengal Services (Appointment, Probation and Confirmation) Rules, 1979, where according to the scheme of service rules the criteria for promotion is merit cum seniority and whether the private respondents can be made seniors to the appellants solely on the ground that they joined the service earlier to the appellants' date of joining.;