- (1.) In these two Rules, the petitioners have challenged the validity of two Circulars dated March 28. 1978 and May 6. 1978, both issued by the State Government, consequent upon the cancellation of their officiating appointments or promotions and reversion to their substantive ranks. The writ petitions, out of which these two Rules arise, have been filed by the petitioners in representative characters under rule 11 of the Rules framed by this Court relating to Article 226 of the Constitution of India. The petitioners are either Lower Division Assistants or Upper Division Assistants in different Government departments By the Circular dated December 1, 1972 issued be the Finance Department Audit Branch of the Government of West Bengal, certain guidelines for promotion were laid down. The guidelines were inter alia as follows : 1, (a) A Government servant should be selected for promotion on the ground of merit and suitability in all respects and not of seniority. (b) Seniority should be taken into account only when it is impossible to - choose between two or more persons on grounds of merit alone.
(2.) It is considered necessary to indicate some guidelines in determining merit. The following facts should therefore be taken into consideration in deciding merit : (b) An annual confidential report, off, the competent officer in the prescribed form should be given due weight in considering cases of promotion taking into account reports relating to paragraphs (b) and (c) below : (b) Satisfactory work based on periodical reports which in case of certain categories will involve reports on maintenance of cast records, diaries etc. and an output of work according to the approved form. (c) -The conduct of Government servants who resort to cease work and or indulge in acts of indiscipline like slogan-shouting, holding meetings etc. within office premises during the prescribed office hours and or report to or in any way abet strike for any period in violation of the provisions of Rule 3C of the West Bengal Service Rules, Port I and Rule 27 of the West Bengal Government Servants' Conduct Rules. 2. The Audit Branch of the Finance Department, Government of West Ben gal, issued another Circular dated May 21, 1974 inter alia to the following effect. The question, whether in deciding promotion, confirmation, crossing of efficiency bar and marginally noted ancillary benefits as admissible to the State Government employees under the existing rules and orders of the Government, their presence or absence of days of Bundhs, cease work or strikes should be taken into account, has been under consideration of the Government for some time past. After considering the question in all its aspects, the Governor has been pleased to lay down the following principles for. guidance of all concerned : (a) In deciding the cases of promotion confirmation, crossing of efficiency bar and marginally noted ancillary benefits in respect of Government employees, their presence or absence on days of Bundhs, cease work or strikes shall also be taken into consideration along with other relevant factors. In this connection, attention is drawn to Rules 3B and 3C of the West Bengal Service Rules, Part I and Rule 27 of the West: Bengal Government Servants' Conduct Rules, 1959, (b) In all pending cases of promotion, confirmation crossing of efficiency bar and other marginally noted ancillary benefits no order shall be passed and no order in this respect which has not yet been implemented shall be implemented until the records of the employee concerned are verified and or relevant facts including his attendance and non-attendance' on days when calls for Bundhs, cease work or strikes were given are ascertained. A sample form with a set of likely entries in this respect is enclosed herewith for guidance and use.
(3.) The marginally noted benefits as referred to in the said Circular are as follows : (a) Declaration of quasi-permanent service with permanent status in the case of temporary Government employees; (b) Class IV contingency staff under Regular Temporary Establishment, and (c) Observation of work-charge staff in the Regular Establishment". The pro-forma that has been annexed to the said Circular contains entries of the presence or absence of a Government employee on the days of strikes, cease work and Bundhs and the grounds of such absence, namely, whether on medical leave or no medical leave or without making any application. The respective days on which the strikes, cease work and Bundhs had taken place have been mentioned in the sample form.;