- (1.) The claims of the appellants herein arise out of a Memorandum dated 20th October 1994 issued by the Finance Department, Government of West Bengal, following the recommendations of the 3rd Pay Commission.
(2.) Pursuant to the demand of the High Court employees, a Special Committee of the Hon'ble Judges was constituted by the Hon'ble the Chief Justice and the said Committee submitted its report on 21st June, 1999. The then Acting Chief Justice of this Court accepted the recommendation of the said Special Committee on 24th June, 1999 and thereafter, the Registrar General of this Court issued an order on 8th July 1999 to the following effect: "In view of the acceptance of the recommendations of the Special Committee by the Hon'ble the Acting Chief Justice on 13.5.99 for adoption of F.D. Memo. No. 10206-F dated 20th October, 1994 and extension of the benefits thereunder, it is hereby ordered that the benefits of Finance Department (Audit Branch) Memorandum No. 10206-F dated 20th October, 1994 shall apply Mutatis Mutandis to the Officers and Servants of the High Court on its Appellate Side and Original Side in terms of the 2nd Proviso to Rule 2 of the Calcutta High Court (Appellate Side and Original Side) Services (Revision of Pay And Allowances) Rules, 1990, promulgated under the Court's Notification No. 9882-R dated the 15th September, 1990." Mr. Tarun Roy, learned Senior Counsel representing the State-respondents submitted that the Registrar General issued the aforesaid order on 8th July, 1999 extending the benefits to the employees of the High Court without complying with the specific directions of the then Hon'ble Acting Chief Justice for sending the proposal to the State Government.
(3.) In any event, while implementing the Memorandum dated 20th October, 1994, it was found that the pay of Grade 'A' Stenographers became more than that of the Assistant Court Officers. To remove the anomaly, another Special Committee was constituted and the said Special Committee recommended granting of suitable increments to the Assistant Court Officers. The recommendation of the said Special Committee was also accepted and suitable increments were given to the Assistant Court Officers in order to bring their pay at par with Grade 'A' Stenographers. Subsequently, the aforesaid proposal was implemented and the Assistant Court Officers including the appellants herein were sanctioned pay and allowances as per revised rate with effect from 1.8.2000.;