- (1.) THIS appeal has been preferred by the Registrar of the Appellate Side of this Court against an order dated 7th june, 1991 passed by a learned single Judge in an application for contempt taken out by the writ petitioners in connection with Matter No. 5300 of 1988 (Ram Chandra Bank and Ors. vs. The Registrar, Appellate Side, High Court, calcutta and Ors. ). The facts are indicated briefly here in below:-The petitioners are Group D (Class IV) employees of this Hon'ble court. The Government of West Bengal, Finance (Audit) Department, issued notification being No. 4025-F dated Calcutta the 22nd April, 1974 to the effect that recruitment to any lower division clerical post under the State Government, 10% of such posts in every office shall be kept reserved for recruitment by promotion from Class IV employees as also from eligible Class III employees having requisite qualifications, prescribed for the lower division clerical posts under the existing recruitment rules. The Rule was known as the West Bengal Services (Provisions for Promotion Prospects of Class IV Employees) Rules, 1974, which came into effect on 1st April 1974.
(2.) THE petitioner No. 1 has been serving from 1973, the petitioner No. 2 has been serving from 1974 and the petitioner No. 3 has been serving since April 1983 and all in the Appellate Side as Class IV employees. Having regard to the aforesaid rules, applicable to the State Government employees, at the material time the petitioners were also claiming, promotion as lower division clerks (Class III) of this Hon'ble Court. On 26th November, 1987 the Deputy Registrar, (Administration), Appellate Side, issued a notice purporting to hold a written test in respect of Class IV employees for promotion to the post of Class III and the same notice is annexure "b" to the writ application. The petitioners although appeared in the written test held by the High Court administration but challenged the legality of such interview notice on various points. The writ application was registered as Matter No. 5300 of 1988.
(3.) THE said writ application was adjudicated on merits by a learned single judge on 24th April, 1990. Upon affidavits filed by the respective parties, and upon a contested hearing the learned single judge disposed of the writ application by a detailed judgment and order dated 24th April, 1990. The operative part of the judgment and order dated 24th April, 1990 is quoted here in below:- "in my view, therefore, the respondents shall consider the case of eligible candidates from amongst the Group D employees for promotion in the available vacancies (being 10% of the posts) in the cadre of Lower division Assistant on the basis of Seniority-cum-Suitability. The list of eligible Group - D employees shall be prepared only after scrutiny of the original certificates to be produced in support of the educational qualification. But the petitioners herein stand on a different footing. They have appeared at the written test but failed and they secured fairly good marks. They should be considered for promotion in the existing vacancies on the basis of the seniority-cum-suitability after holding an interview to determine their suitability. Let this order be implemented as expeditiously as possible. Let xerox copy of this judgment and order be made over to the learned advocates for the parties on usual terms and upon their undertaking to apply for and obtain certified copy of the judgment and order. Let all parties act on a signed copy of the operative part of this judgment and order. ";