- (1.) Leave granted. We have heard learned counsel on both sides.
(2.) These appeals by special leave arise from the impugned order, made on 2/2/1993 by the Calcutta High court followed by contempt petition, clarification petition etc. of the Calcutta High court.
(3.) The admitted position is that the respondents, viz. , Tapan Kumar Paul and others, Sujit Baran Mukherjee and others and one Shankar Bose, all were initially appointed as Junior Copyists on 12/5/1969. Their inter seseniority was determined on the basis of their respective date of birth. Subsequently, Shankar Bose was transferred to the Secretariat Department a whereat he had to discharge arduous duty for which he was paid special pay of Rs. 50. 00 per month. Consequent upon revision of the pay scales effected in 1981, the pay of the respondents and others came to be revised. The special pay paid to Shankar Bose got merged with his pay in the revised pay scales. Consequently, he started drawing pay higher than Tapan Paul, Sujit Baran Mukherjee and others. Tapan Paul and others filed writ petition in the High court seeking upgradation of their scale of pay so as to be on a par with that of Shankar Bose. The writ petition was allowed by the High court and the Corporation was directed to step up the pay of Tapan Paul and others so as to be on a par with that of Shankar Bose. Subsequently, a petition for contempt was filed by Tapan Paul and others for non-compliance of the directions issued by the High court. The appellants filed an application for c clarification. In the meanwhile, an order had come to be passed at the instance of Sujit Baran Mukherjee and others on 23/4/1993; when it was realised that Regulation 34-A of the Calcutta Municipal Corporation Regulations (for short "the Regulations") did not apply to stepping up of the scale of pay, the order passed for stepping up of the scale of pay of T. K. Paul and others was withdrawn which also came to be challenged. The order dismissing the contempt petition was passed, directions to keep that amount in account pending writ petition filed by Sujit Baran Mukherjee and others were issued and consequential application for clarification came to be dismissed in the impugned orders. Thus, these appeals by special leave.;