- (1.) THIS appeal is directed against the judgment dated June 21, 1989 passed by the learned trial Judge in Civil Order No. 11095 (W) of 1988. By the aforesaid order, the learned trial judge allowed the writ petition and quashed Memorandum being NO. 727-L. Ref dated 21st July, 1988 (Annexure 'o' to the writ petition) and No. 729-L. Ref dated 21st July, 1988 (Annexure 'p' to the writ petition) and Notification lb. 49-L. Ref dated February 18, 1989 (Annexure 'c' to the affidavit-in-opposition ). The relevant facts for the appreciation of the disputes involved in the writ petition may be stated as follows. The existing land tenure system was changed by abolishing zamindari and other intermediate tenancy and raitwari tenancy by the introduction of the West Bengal estates Acquisition Act, 1953. By a notification dated august 7, 1954, rules for recruitment to the post of junior land Reforms Officer were framed in exercise of the powers under proviso to Article 309 of the Constitution of India. Such rules for recruitment were subsequently amend by directing at District Kanungo and revenue Officer would be selected for appointment to the post of junior Land Reforms Officer (hereinafter referred to as JLRO ). By notification dated September 8, 1967, the Government of West Bengal Subordinate Land revenue Service Grade I. By the same notification, rules for recruitment to the West Bengal Subordinate land Revenue Service Grade I under proviso to Article 309 were framed. It has been provided in the said rules that Circle inspectors, Kanango, Grade II and Zilladars who have rendered service for at leas,t five years will be eligible to be promoted to the West Bengal Subordinate Land Revenue service Grade I. On June 10, 1968, notification No. 7292-L. Ref. was issued. It was stated in the said notification that "in Notification No. 14863-L. Ref. dated September b, 1967, a new service known as 'west Bengal Subordinate land Revenue, Service, Grade - I' has been constituted and the Rules for recruitment to the service has been framed. The new service has been constituted with the idea of combining the posts in orders indicated below under the Land and Land Revenue Department and Board of Revenue, West Bengal, into one service. i) Settlement Kanungo, Grade I; ii} Assistant Compensation Officers: iii) Junior land Reforms Officers; iv) Revenue Officers (Loans); v) land Acquisition Kanungo; vi ) Permanent settlement Kanungos; vii) Bhagchas Officers; viii) Enquiring Officers (Land Acquisition department and 1st land Acquisition collector's Officer); ix) Assistant Canal Revenue Officers; x) Settlement Kanungos, Land Acquisition Kanungos and junior Land Reforms officers on deputation to other departments.
(2.) THE question of absorption of existing personnel in different cadres has been considered by Government. It has been decided that the existing incumbents in the different cadres implicated above should be absorbed in the said service.
(3.) THE Governor, is, therefore, pleased to direct that the existing incumbents of the orders mentioned above whether permanent, temporary, quasi-permanent or with permanent status be absorbed in the said service in their same capacity with effect from the 1st April, 1968,;