HARISH TANDON,J - (1.) THE petitioner was a Group-D staff under the Judicial Department, District Judge, Purulia. Subsequently Judicial Department, Government of West Bengal sanctioned Four Fast Track Courts in Purulia for the speedy disposal of the cases for which certain post were created temporarily to facilitate the smooth functioning of the said Fast Track Courts. By an office order No. 169 dated 29th August, 2002 issued by the District Judge, Purulia, it was indicated that the post of the Lower Division Clerk in Group-C category may be filled by giving promotion to a Group-D staff but such promotion shall be given on seniority-cum-merit basis. The petitioner was ranked 9th in the selection post for being promoted to the post of Lower Division Clerk in Group-C category. Such promotion was given to the petitioner vide office order No.282 of 2002 which mandates that the same would be purely a temporary and adhoc promotion which may be cancelled at any time without giving any notice to the said temporary and adhoc promotee who may be reverted back to the Group-D Post if found incompetent for working to the said promotional post. The said order further postulates that the said promoted employees will get their pay and allowances from the date of the notification of the Judicial Department concerning the said Four Fast Track Courts, until such notification is made. Till then the adhoc and temporary promotees will draw pay and allowances of their previous posts.
(2.) THE petitioner who was holding a post of peon was initially promoted to the post of Lower Division Clerk vide office order no. 322 of 2002 dated 23.12.2002 but was thereafter reverted to the post of Group 'D' category vide office order no. 41 of 2003 dated 1.2.2003. Subsequently vide office order no. 121 of 2004 dated 24.6.2004 the petitioner provisionally was promoted to the post of Lower Division Clerk subject to the approval of an appropriate authority. The said office order further mandates that the said appointment on promotion is purely temporary, ad hoc and on trial basis and does not confer any right to such post. The said order further provides that the petitioner shall get his pay and allowances of a Group 'D' employee till the receipt of the approval from the government. Ms. Sipra Majumder, learned Advocate appearing for the respondents submits that the original affidavit-in-opposition has been misplaced and pressed for filing the Photostat copy of the said opposition and to permit him to rely the same. The learned Advocate appearing for the petitioner did not oppose such submission and as such the Photostat copy of the affidavit-in-opposition filed in course of the writ petition was treated to be relied upon by the respondents at the time of hearing of the instant writ petition. From the said affidavit-in-opposition it appears that the opposite party No.2 has taken a categorical stand that the promotion to the post of Lower Division Clerk of the Group-D staff was purely contractual, temporary and on adhoc basis. It is further stated that the contractual and adhoc promotees shall not claim any right to the post and shall draw the pay and allowances applicable to the original post until the Judicial Department, Government of West Bengal duly notified such posts concerning the said Four Fast Track Courts. It is further stated that after the resumption of an office, the matter has been referred to the Government for taking an appropriate steps in this regard but no response has been made as yet. Mr. S. Bhattacharjee, the learned Advocate appearing for the petitioner in both the writ petitions submits that although the petitioner claimed the permanent absorption upon regularization to the post of a Lower Division Clerk, but the petitioner is not pressing the same at the present but claims for parity in pay and allowances to the post of a Lower Division Clerk on and from the date of its promotion. He further submits that the contractual promotees cannot claim a right to the post but he should be paid the pay and allowances as has been paid to a regular promotees to the said post and placed reliance upon the judgement of the Supreme Court in case of Selvaraj Vs. Lt. Governor of Island, Port Blair & Ors. reported in (1998) 4 SCC 291 and in case of M.C. Misra Vs. Union of India and Ors. reported in (1999) 9 SCC 169.
(3.) BY contending that non-payment of the pay and allowances to the adhoc appointees in parity with the regular appointees amounts to discriminatory act and is violative of Article 14 of the Constitution of India, he placed reliance upon a judgment of this court in case of West Bengal State Government Homeopathic Officers Association and Ors, Vs. State of West Bengal and Ors. reported in 1986 Lab I.C. 844 and a judgment of the Supreme Court in case of State of West Bengal and Ors. Vs. Pantha Chatterjee & Ors reported in (2003) 6 SCC 469. Ms. Sipra Majumdar, the learned Advocate appearing for the state submits that the promotion to the post of Lower Division Clerk was purely temporary, contractual and adhoc basis and does not confer any right to the post. She further submits that it was indicated in the office order by which the appointment as adhoc promotee was given that he will be entitled to the pay and allowances of the previous posts unless a Government of West Bengal duly notifies concerning the said Four Fast Track Courts. Lastly she submits that the promotion is purely on contractual basis and as such the petitioner cannot take a contrary stand.;