PRATIBHA BANERJEE, J. - (1.) In this application u/s. 19 of the Administrative Tribunals Act, 1985, three applicants have moved this Tribunal praying for reliefs as follows: (i) Promotion as Head Clerks from the post of Stenographers with retrospective effect with due increments and arrears of wages, in the said scale with interest from the date the applicants were due for promotions as Head Clerks according to Rules and conditions of service as stipulated on the basis of 4:1 i.e. for each U.D.C. promoted one Stenographer to be promoted as Head Clerk who fulfilled the conditions stipulated and the applicants were duly eligible but illegally deprived of their right of promotion as such. (ii) No promotion to the post of Head Clerk be made till the applicants are absorbed with retrospective effect from U.D.Cs.
(2.) On 9.7.87, the application was admitted and on the very same day, some persons wanted to be added as private respondents in the application through their counsel Mr. S. N. Banerjee on the ground that if any order would ultimately be passed in favour of the applicants in the present application that would affect them. By the said order dated 9.7.87, eight private respondents were added and M.A. No. 194 of 1987 was disposed of.
(3.) The applicants are Stenographers in the office of the Coal Controller, Calcutta. Their case is that the existing Recruitment Rules regarding promotional avenue of Stenographers and UDCs to the post of Head Clerk is in the ratio of 4 : 1. After filling up four vacancies of Head Clerks by U.D.Cs, every fifth vacancy is to be filled up by the seniormost Stenographer. But in violation of these Rules and depriving the Stenographers, the U.D.Cs. have been appointed since November, 1983 and 20 UDCs have already been promoted to the post of Head Clerk but only one Stenographer has been promoted. In support of their contention, the applicants are strongly relying on the letter dated 12.5.87 written by the Under Secretary to the Govt. of India addressed to the Coal Controller, Calcutta. (Annexure 'B' to the application).;