S.B. Sinha, J. - (1.) Both these applications arising out a common judgement and order dated 26.8.1998 passed by the West Bengal Administrative Tribunal in case No. O.A. 1 101 of 1997 and O.A. No. 924 of 1997 were taken up for hearing together and are being disposed of by this common judgement.
(2.) The petitioners were originally appointed in the post of Muharrir on diverse dates between 1950 to 1964. They were promoted to the post of Lower Division Clerk between 1966 and 1972. The respective position of parties would appear from the following: JUDGEMENT_71_LAWS(CAL)8_2000.html By a notification dated 22.4.1974 the West Bengal Services (provision for promotion prospects of Class IV employees) Rules, 1974 was published which was given retrospective effect and retrospective operation with effect from 1st April, 1974. In terms of the said Rules, the Muhorrirs who came within the zone of consideration were allowed New/Intermediate Selection Grade (in short NISG) scale in र 305-402/-, pursuant whereto the petitioners were granted the NISG scale of र 370-535/- by an order dated 28.7.94 by the Collector of Midnapore. The said order has since been recalled by an order dated 18.6.97.
(3.) The contention of the respondent is that as the petitioners had not completed 10 years of service in terms of 1994 Rules in one post, they were not entitled to the said scale.;