Syamal Kanti Chakrabarti, J. - (1.) In the instant application 54 writ petitioners have contended that they are registered stamp vendors under Tamluk Sub-Division and hold the requisite licences for stamp vending business for a long time. In 1949, members of the stamp vendors Association requested the State of West Bengal to enhance their income, who depend solely on the said business.
(2.) In response the Deputy Secretary to the Government of West Bengal issued a circular being no. 702(15) F.T. dated 4th April, 1940. Since the commission earned out of sale of stamps was insufficient, they made several representations to the Government of West Bengal to take effective steps so that new stamp vendors are not appointed by the District officials without considering the income of the existing stamp vendors. Considering the inadequate average income of the existing stamp vendors subsequently the Association moved a writ petition begin C. R. No. 3492(W) of 1982 against unlawful appointment of stamp vendors without taking into consideration the modest income of the existing stamp vendors as per circular dated 22nd July, 1967. Said Rule was discharged. Against such order, an appeal was preferred being F.M.A.T. No. 2634 of 1984. On 30.5.1985, the said appeal was disposed of by this Hon'ble Court with the direction that Government should decide the modest income of the existing stamp vendors working in the Collectorate, after considering the average income of the existing stamp vendors in accordance with Government circular No. 3007(15) dated 22.07.1967. It was also directed that the representation made by the stamp vendors Association should be considered and pending such determination no appointment should be given without leave of the Court. It was further observed that in arriving at a decision, the Government will have to consider the prevalent cost of living. In pursuance of the said directions of the said Hon'ble Court, the State of West Bengal issued a memo no. 1931 (17) F.T. dated 30.5.1986 determining the modest income of the existing stamp vendors with the following guidelines : a) No new licence shall be issued for selling stamps in premises of collectorates, Courts, Registrar or Sub- Registrar's office, unless it is found that average monthly income of the existing vendors selling stamps there, exceeds the minimum monthly emolument drawn by Group C employees of the State Govt. b) In determining their above modest income, the average monthly discount drawn by the vendors from sale of different kinds of stamps vide Judicial, Non-Judicial in a year shall be taken into account. c) This will be applicable only in case of vendors working in same premises. Another Government order was also issued on 26.12.1986 in memo no. 4389 (17) F.T. amending the earlier Government order replacing the word Group D by the word Group C and it was further observed therein that in calculating their net income, 75 % of their gross income will be taken into account as their net income. Further case of these petitioners is that on 10th January, 1990, State of West Bengal issued a circular being no. 116(17) F.T. dated 10th January, 1990 in supersession of all previous orders. In the said guideline age limit capacity to invest the capital required for the business and other paraphernalia were provided. The whole purpose of such circular was to facilitate the public service so that the stamps can be readily available. It was also observed therein that for the purpose of ensuring the modest income of the existing stamp vendors, the emoluments may be fixed as paid to the Group C employees of the State. The 50% of the gross income would be the net income in calculating the average income of the existing stamp vendors. The emoluments should be equivalent to the Group C employees of the State Government. The earning and/or income in the previous year of the existing stamp vendors equivalent to the Group C employees will be considered before granting the new licence out side the premises.
(3.) Thereafter, the respondent no. 2 issued an order stating, inter alia, the guideline of the stamp vendors. In the said Government order, the earlier department order no. 116(17) F.T. dated 10.1.1990 was referred to wherein it was decided that average minimum emoluments by way of pay and dearness allowance drawn by a Group C employee shall be taken into account for calculation of the net income of the licensed stamp vendors. In this context, the amount of pay of a Group C employee was calculated but without considering the said circular respondent no. 4 had declared the vacancies in the area where the existing stamp vendors were working at the same premises as shown below : Existing vendors with licence Nos. Proposed new Vacancies at the same premises. a) Krishna Prasad Pramanick. b) Naran Maity. c) Sadhan Jana. d) Pankaj Dinda. e) Sibabrata Maity. f) Mahadeb Maity. g) Manindra Nath Kar. a) Kumar Chak. b) Kuor Khali. c) Dibakarpore.;