S.Chatterji, J. - (1.) The present writ application has been filed by the petitioners No. 1-3 all are working as Stamp Reporter and Addl. Stamp Reporter under the judicature of the High Court, Calcutta Appellate Side and the petitioner No. 4 as an Assistant Registrar of the Appellate Side of this aforesaid Court seeking reliefs, inter alia :- (A) A writ of and/or in the nature of mandamus should not be issued commanding the respondents their men, agents, servants and subordinates to award the Special Pay of Rs. 300/- per month to the petitioners from the date of their respective appointment to the post of Stamp Reporter or Addl. Stamp Reporter as the case may be as has been granted to the Assistant Registrar (Court), Asstt. Registrar, Superintendent Gr. I and Special Officer and other superior cadres on the Appellate Side of this Hon'ble High Court, Calcutta. (B) A writ or and/or in the nature of mandamus should not be issued directing the respondents their men, agents, servants and subordinates to award the special pay of Rs. 300/- to the petitioners forthwith. (C) A writ of and/or in the nature of Certiorari be issued directing the respondents to transmit the entire records of this case including the records about awarding the special pay of Rs. 300/- to the Assistant Registrar (Court), Asstt. Registrar, Superintendent Grade I and Special Officer, after certifying the same to this Hon'ble Court so that a conscionable justice may be administered by directing the respondents to award the special pay of Rs. 300/- to the petitioners from the date on which the said pay has been granted to the other non-selected post i.e. Asstt. Registrar (Court), Dy. Registrar (Court), Supdt. Grade I and Special Officer. (D) Rule Nisi in terms of prayer (A), (B) and (C) above if no cause or insufficient cause has been shown to make the rate absolute. (E) An injunction do issue directing their men, agents, servants, and subordinates to award the special pay of Rs. 300/- to the petitioners immediately as has been granted to the other non-selected like Asstt. Registrar (Court), Asstt. Registrar, Superintendent Grade I and Special Officer from the date on which the said pay has been granted the said non-selected posts. (F) An order of injunction issue directing the respondents their men, agents, servants and subordinates to award the special pay of Rs. 300/- to the petitioners immediately from the month of January, 1992 at present with an undertaking that if the writ petition fails then the petitioners will refund the same and the respondents also be given liberty to realise the said amount from the petitioner either from their pay or from their pensionary benefits. (G) Ad interim order in terms of prayer (E) and (F) till the disposal of Rule. (H) Pass such other or further order or orders direction or directions, as your Lordships may seem fit and proper; Cost, Costs.
(2.) It is stated in detail that the grievance of the petitioners is for withholding the special pay of Rs. 300/- per month. It is placed on record that post of the Stamp Reporters, and Addl. Stamp Reporters are of Merit-cum-Selection posts and for such selection the minimum qualification and requirement is that the incumbent should hold the post of Superintendent Cadre and must possess the law degree. It is further placed on record that according to the High Court Service Rules, 1960 as amended, the posts of Stamp Reporter, Supdt. Grade I and Bench Clerk is under the non-Gazetted Ministerial Class III category and their respective scales of pay. The post of Stamp Reporter is above the post of the Bench Clerk as well as Supdt. Grade I. The designation of Bench Clerk has since been changed and it has been redesignated as Assistant Registrar (Court) with the same scale of pay. It is claimed that the post of Stamp Reporter and the Addl. Stamp Reporter is superior and the persons are selected for such posts on the basis of Merit-cum-Selection and by means of written test followed by viva voce. The requisite qualification for sitting in the written examination for the post of Stamp Reporter and the Addl. Stamp Reporter, the candidate must possess the degree of law.
(3.) According to the Calcutta High Court Appellate Side Service Rules 1986, the superior cadre comprised of Supdt. Grade I Stamp Reporter, Assistant Reporter and Special Officer but in case of selection and/or appointment to the post of Stamp Reporter the law degree is the pre-requisite condition for appointment and selection. But the degree of law is not necessary and/or is not a pre-requisite condition for appointment and/or selection to the post of Supdt. Grade I, Special Officer and Assistant Registrar. It is claimed, inter alia, that the Stamp Reporters have not been given the higher scale nor they have been even given the special pay of Rs. 300/- which has been awarded to the Assistant Registrar and Assistant Registrar (Court). It is further mentioned that the Asstt. Registrar (Court), and the post of Asstt. Registrar is of the superior service cadre under the technical stream as to the incumbent is promoted from the Asstt. Court Officer and law degree is neither a pre-requisite Condition nor it is necessary. Only knowledge of stenography and typewriting are the essential conditions but under the ROPA RULE 1990 the said Assistant Registrar (Court) gets special pay of Rs. 300/- and they are enjoying the benefit since 1986 under ROPA RULE 1990. The Special Officer and the Supdt. Grade I are also enjoying the benefit of Special Pay as awarded by last pay commission. Elaborating all these points the present petition has been filed since the petitioners are found aggrieved and dissatisfied with the purported acts and actions of the respondents by not awarding the special pay of Rs. 300/- in spite of the fact that they are holding selection posts.;