S.Chatterji, J. - (1.) -In the present Writ Petition four petitioners who are graduates in law and having been enrolled with Bar Council of West Bengal to practice as Advocates were selected for the post of Assistant Registrars on the Original Side of this Court, and they are now working as such. They have prayed, inter alia : (a) Declaration that the petitioners were entitled to and be given higher initial start in the same manner and mode as had been granted to all recruits for the posts of Clerk of the State/Assistant Registrar on the Original Side of this Hon'ble Court prior to 1st April, 1981. (b) A Writ of and/or Order and/or Direction in the nature of Mandamus do issue commanding the respondents to forthwith grant to the petitioners the higher initial start in the same manner and mode as has been granted to all recruits for the posts of Clerk of the State/ Assistant Registrar on the Original Side of this Hon'ble Court prior to 1st April, 1981. (c) A Writ of and/or order or Direction in the nature of Certiorari do issue commanding the respondent authorities to forthwith transmit to this Hon'ble Court all records, papers and documents pertaining to their wrongful title not to pay to the petitioners the higher initial start which had been given to and availed of by all recruits for the post of Clerk of State/Assistant Registrar on the Original Side of tins Hon'ble Court appointed prior to 1st April, 1981 so that conscionable justice may be done by quashing the same. (d) A Writ of and/or Direction and Order in the nature of Mandamus do issue to the respondent authorities from taking any step or further steps to refuse to grant to the petitioner; higher initial start to which the petitioners were and are entitled and which facility has been granted to all the direct recruits for the post of Clerk of State/Assistant Registrar on the Original Side of this Hon'ble Court appointed prior to 1st April, 1981. (e) A Writ of and/or Order and/or Direction in the nature of Mandamus do issue commanding the respondent authorities to forthwith grant to the petitioners all benefits at par which have been granted by the respondent authorities to the direct recruits for the post of Clerk of State/Assistant Registrar on the Original Side of this Hon'ble Court appointed prior to 1st April, 1981. (f) RULE NISI in terms of prayers above. (g) Rule to be issued herein be made absolute. (h) Injunction restraining the respondents, their servants, agents and assigns from refusing to grant same and/or similar facilities to the petitioners attached to their respective posts as those who have been recruited in the post of Clerk of State Assistant Registrar on the Original Side of this Hon'ble Court appointed prior to 1st April, 1981. (i) Ad interim orders in terms of prayers above. (j) Appropriate direction and/or other order or orders be made and/or direction or directions be given as to this Hon'ble Court may seem fit and proper.
(2.) The grievance of the petitioners is that they are discharging and have been made responsible for the same and/or similar duties as the persons who have been recruited prior to 1st April, 1981 but in the matter of payment of emoluments, the respondents have discriminated amongst the same class of employees, namely the petitioners, and the direct recruits prior to 1st April, 1981. In fact, the employees similarly circumstanced prior to 1981 had received the benefits of higher initial pay at the time of recruitment. Subsequently, the appointees after 1981 have not been receiving the benefits of higher initial pay. It is stated in details that there was a proposal for granting higher initial pay for direct recruits in the posts of Clerk of the State, Assistant Registrar and the Special Officer on the Original Side. It has been brought to the notice of the Court that the Joint Secretary to the Government of West Bengal by a communication dated 24.8.1977 informed the Registrar, Original Side of this Court "that the Government is agreeable to grant the proposed higher initial pay for direct recruits in the posts of Clerk of the State, Assistant Registrar and the Special Officer on the Original Side from the legal profession only. A draft rule for the purpose be forwarded to this department for according approval of the Governor under Article 229(2) of the Constitution."
(3.) After the introduction of ROPA Rules, 1981, a dispute arose and it was brought to the notice of the Original Side of this Court by the then Secretary to the Government of West Bengal by a letter dated 30.12.1987 that higher initial start was allowed to the direct recruits in the posts of Assistant Registrars and Clerk of the State on the Original Side of the High Court as per provision of West Bengal Service (ROPA) Rules, 1970. But as no such provision has been made this time in the WBS (ROPA) Rules, 1981, the Government regrets its inability to allow such benefit in the revised scale of 1981 to these Officers of the Original Side of this Court.;