- (1.) Leave granted.
(2.) Appellants herein were working as temporary pump operator in Calcutta Metropolitan Development Authority. They were transferred to the Calcutta Municipal Corporation (hereinafter referred to as "the Corporation"). They were asked to join by June 15,1978 on the post of Turn Cock which according to them was a lower post. A writ petition came to be filed by the appellants, inter alia, stating that they had a legitimate claim of being appointed as a Fitter Driver. By judgment and order dated 11.7.1986, a learned Single Judge of the High Court disposed of the said petition by directing the respondent-authorities to consider the case of the appellants from all aspects including the question of seniority and offer them suitable posts equivalent to the posts which they had been holding under the CMDA prior to their services being transferred to the Corporation.
(3.) It is alleged that the Deputy Municipal Commissioner (personnel) rejected the claim of the appellants by mis-interpreting the order dated 11.7.1986 passed by the High Court. Appellants filed another writ petition before the High Court. The said writ petition was allowed by a learned Single Judge of the Calcutta High Court by an order dated 8.1.1992 directing as under: "Proper reading of the order dated June 8, 1978 is warranted. The order is itself a ground for setting aside the order impugned in the writ application. Further more, the affidavit-in-opposition affirmed on September 17, 1991 by Sunil Kumar Banerjee, Assistant Administrative Officer of the Calcutta Metropolitan Development Authority supported the case of the petitioner to the extent indicated above. It is also very unfortunate that the respondents never cared to consider the materials on record as also the noting of the officer prepared for consideration of the higher authorities. In those circumstances, I set aside the impugned order. I hold that the petitioners were entitled to be treated in employment and equalization of posts. The petitioners shall be accorded all the service benefits. The petitioners shall be accorded service benefits from the date of presentation of the writ application and not from any earlier date. The writ petition succeeds with the direction made hereinabove. This order shall be implemented within a period of three months from the date of communication of this order." (emphasis supplied);