Kalyan Jyoti Sengupta, J. - (1.) By this writ application the petitioner has challenged an order dated 29th September, 2003 of the Learned Registrar, Original Side, High Court, whereby and whereunder the benefit under the career advancement scheme given earlier by order dated 27th August, 2003 has been withdrawn. Short fact of the case is as follows : The petitioner was appointed after the regular selection process in Group D category in the Original Side of the Hon'ble Court on 11th July, 1990. Subsequently, in the year 1993 by an office circular applications were invited from and amongst the High Court Group-D employees for selection in the post of Bank Sarkar in the Original Side of the High Court. The petitioner was appointed to the post of Bank Sarkar on 17th August, 1993 in the scale of pay of Rs. 875/- to Rs. 1260/- on the basis of his performance in the said selection test and examination. In the said cadre there has been no avenue of promotion from the post of Bank Sarkar as such he was entitled to get advancement to the second higher scale after completion of ten years of service with reference to the Feeder post in terms of the career advancement scheme. Accordingly, the petitioner was given such benefit by the order of the Ld. Registrar, Original Side, dated 27th August, 2003. Subsequently the same was revoked by the impugned order.
(2.) It is the contention of the learned Counsel for the petitioner, Mr. Paritosh Kumar Mullick that going by the words and spirit of the Memorandum being No. 6075-F dated 21st June, 1990, the said benefit was given rightly and the same ought not to have been withdrawn since the petitioner was not promoted to the post of Bank Sarkar, rather it was fresh appointment. Admittedly, there has been no scope for further promotion from the said post of Bank Sarkar. Accordingly, the decision of revocation of the Registrar, Original Side basing on the opinion of the Government is erroneous and unjust.
(3.) Mr. Dipayan Choudhury, learned Counsel for the Registrar, Original Side submits that the post of Bank Sarkar was treated to be a promotional post and, in fact, the petitioner was given promotion upon selection and as such the petitioner had to be treated to have been promoted and he was entitled to get benefit of career advancement scheme not before completion of twenty years of service with reference to the Feeder post viz. Group-D post. Admittedly, the petitioner had not completed twenty years of service with reference to Group-D post.;