- (1.) THESE two appeals, one by the Registrar, Original Si-de of this Court and the other by the state of West Bengal, have been preferred against the, judgment of a learned single Judge of this Court making absolute the Rule Nisi issued on the application of the respondents writ petitioners.
(2.) THE writ-petitioners, who are 24 in number, were initially appointed Section Writers on the Original Side of this court, Section Writers, are classified into- two groups,' namely, Typist, Section writers and Manuscript Section Writers. It appears from the letter dated September 11,1946 written by the Registrar, appellate Side High Court, Calcutta to the Secretary, Judicial Department; Government of Bengal that a proposal was made for bringing the copyists and typists in civil and criminal courts and in the Registration department under the regular establishment of 'government. In the said letter the Registrar expressed the view of this Court on the said proposal with regard to the copyists and typists in civil and criminal courts and on both, sides of this Court.
(3.) THE question of the absorption of the copyists and typists in the regular establishment remained at the stage of the proposal till October 23, 1975 when, on that day, by a Memorandum No. 7191f, the Government of West Bengal, finance Department, Audit Branch, directed that piece rate typists arid copyists attached to the different civil, criminal, police ,and revenue courts might be brought over to the' regular salaried establishment on certain terms and conditions as specified in the said memorandum. In view of the said Government memorandum dated October 23, 1975, the; chief Justice of, this Court in exercise of the power vested in him under Article 229 (2) of the Constitution or uncus, made certain Rules with the approval of the Governor for the purpose of bringing the typists and manuscript Section writers attached to, the Original Slide of this Court to its regular salaried) establishment. ; Rule 1-which is similar to paragraph. (i) of. the terms and conditions of the said memorandum, dated. October 23, 1975 is as, follows : the , Typists and manuscript Section. Writers on their absorption in the regular establishment will be eligible to draw pay to the time scale of Rs. 230-5-275-71-365-10-425/- (E. B. after 8th and 16th stages) and other usual benefits via, leave, pension allowance etc. as may be admissible to the employees of similar categories in the regular establishment on the Original. (Side. (ii) Pay to each Typist and the. Manuscript Section Writers shall be fixed at the minimum of the scale with the difference between the ''. total minimum earning as admissible at present and the total emoluments comprising the pay at the minimum of the sanctioned scale and all admissible allowance there on in the above mentioned time senile being treated as personal pay to be absorbed in future increments".;