D.K. Seth, J. - (1.) Facts : These groups of appeals have since been preferred by the appellants, who were writ petitioners in six writ petitions and respondents in three writ petitions preferred by the State of West Bengal, all of which were heard analogously by the learned single Judge and disposed of by a common judgment dated 17th of November 2003.
(2.) The State of West Bengal, respondents, had filed three writ petitions in which the State Government sought to defend their actions since challenged in those six writ petitions. Thus, the basis of the cause of action and the reliefs asked for are identical. In each of the six writ petitions the respective appellants sought for identical reliefs on identical grounds viz., they are entitled to the pay fixed by Hon'ble the Chief Justice under order dated 13th of February 2003 in the post of Lower Division Assistant on and from 9th of September 1985 in order to bring their pay at par with one Sri Gopinath Dey (Gopinath), an employee junior to the petitioners. Writ of certiorari was prayed for quashing of the Return memos dated 21st April, 2003, 29th April, 2003 and 6th May, 2003 and for release of arrears and the salary and allowances accordingly.
(3.) In the circumstances for the sake of convenience, we may summarise the facts in WP No. 985 of 2003. The petitioners No. 1 to 4 entered into service as Lower Division Assistant (LDA) on 26th July 1976, 14th March 1977, 2nd July 1979 and 8th September 1980 respectively. The petitioner No. 5 entered into service as Salaried Typist on 12th June 1978 : asfter having been successful in the Selection Examination, he was appointed on the post of LDA [Scale of Rs. 300-685/- (unrevised Rs. 230-425/-)] on 9th of September 1985. Gopinath was initially appointed as a Section Writer Typist on 19th of March 1964. He appeared in the Selection Examination and upon being sucessful was appointed to the post of LDA on 9th of September 1985 along with the petitioner No. 5. However, the petitioner No. 5 having been placed higher in the Selection Panel his name figured above that of Gopinath in the Gradation List of LDA.;