SUDIP AHLUWALIA,J.­ - (1.) This appeal is directed against the judgment of a learned Single Judge Bench of this Court passed on 17.06.2013 in W.P No. 11981(W) of 2005.
(2.) THE learned Single Judge had been pleased to allow the Writ Petition filed on behalf the present Respondents Nos. 6 onwards, who were all Steno -Typists in the Kolkata Municipal Corporation. It may be mentioned that originally the respondents in the Writ petition were only the Kolkata Municipal Corporation and its concerned officers (also the respondent Nos. 1 to 5 in this appeal) but subsequently the present appellants were added as respondent Nos. 6 to 15 in the writ petition after leave was granted to the petitioners by the Bench on 21.06.2010. The background of the matter is that earlier the appellants had been superseded by 3 (three) other employees namely, Smt. Lily Ghosh, Smt. Swapna Banerjee and Smt. Sandhya Roy Chowdhury, who were junior to all 10 (ten) of them in the same Feeder Cadre Post of Steno -Typist (Super Selection Grade). They therefore challenged the said order of supersession in C.O. No. 11606 (1994) which was ultimately disposed of by the Single Bench of Hon'ble Justice Pranab Kr. Chattopadhyay of this Court on 19.04.2002 with the following direction ­ "......The respondent nos. 1 to 4 are directed to pay the petitioners' difference of pay which they would have received, if they had been duly permitted and granted higher scale of pay like the respondent nos. 5 to 7 herein, such difference of pay should be paid to the petitioners from the date of promotion of the said respondent nos. 5 to 7. Such arrear of financial benefit should be paid to the petitioners within a period of four weeks from the date of communication of this order. The respondents are further directed to revise the gradation list after refixing the seniority position of the petitioners above the respondent nos. 5 to 7. In order to restore the seniority position back to its original position as per the earlier seniority list published by the respondent authorities in the year 1997........."
(3.) THE above direction of the learned Judge was accepted by the Municipal Authorities, and to comply with the same 10 (Ten) supernumerary posts of Assistant Reporter were created and the appellants were promoted to those posts retrospectively vide its disputed Order No. DMC (P)/PT/178/2003 -04 passed on 26.8.2003 issued on behalf of the KMC by the Respondent No. 5. The direction for payment of differential in emoluments to them was also implemented and the Gradation List was revised by refixing their seniority above Smt. Lily Ghosh and others in restoring the same back to the original one as per the earlier List published in 1997.;