T.K.Basu, J. - (1.) The petitioners in the present Rule are citizens of India and are all working under the Judgeship of the District Hooghly. They are all holders of L.L.B. Degree from Calcutta University.
(2.) On or about the 21st Oct., 1974 the Finance Department of the Government of West Bengal issued a Memorandum which is Annexure "A" to the petition. The relevant portion of the Memorandum is set out here-in below :-- "In order to attract men of quality and also for removing frustration, the benefit of three increments shall be given to those who acquired specilised knowledge of a technical nature by obtaining post-graduate Diploma of recognised Universitias and six incremental benefits for those who obtained post-graduate Degrees of recognised Universities subject to the condition that these incremental benefits shall be available once in their career who have not got it at the time of entry, may get it as soon as those post-graduate qualifications are obtained. Provided that (a) these incremental benefits for post only in such cases where possession of those post-graduate qualifications of a specialised and technical nature would be considered as an added qualifications for the due discharge of their official duties and not otherwise. (b) these incremental benefits due to post graduate qualifications of a specialised nature would not be admissible in respect of posts whose recruitment rules require such postgraduate qualifications of technical nature as the minimum qualifications".
(3.) On the 11th April, 1975 the District Judge, Hooghly passed the following order : -- "The following Class III Government servants working under this Judgeship have applied for giving them the incremental benefits as they are in possession of post-graduate L.L.B. Degree :-- The recruitment rules of these Government servants do not require such post-graduate qualification of technical nature as minimum qualification. Of the Government servants named above, No. I is the Sheristadar (Office Superintendent) of this Judgship and his duties include inter alia checking of court-fees, computing the period of limitation and reporting other matters involving legal implications. Having considered the nature of duties, I am of opinion that the possession of LL.B. Degree viz. post graduate qualification by the District Judge's Sheristadar is an added qualification of specialized and technical nature for the due discharge of his official duties. The Government servants named serial Nos. 2 to 6 above are posted in different Courts under this Judgeship and regard being had to the nature of their official duties, the possession of the LL.B. Degree by them is also considered as an added qualification of specialized and technical nature in the due discharge of their duties in Law Courts. Accordingly, in terms of the Government of West Bengal Finance Memo No. 10035-F, dated 21-10-1974 the six Government servants be given the benefit of six increments with effect from the date noted against their names".;