- (1.) The Petitioners are now employed as junior clerks in the Treasury Department of the Corporation of Calcutta. They were promoted to the posts of junior clerks after qualifying in departmental examinations as per regulations framed under Section 81(6) of the Calcutta Municipal Act, 1951 (hereinafter referred to as the said Act).
(2.) By an order dated March 7, 1973, the Respondent Administrator ordered that the ratio 30 : 70 as between junior clerks and standard grade clerks would be adopted in the case of junior clerks working in counter in the Collection and Treasury Department of the Corporation. By reason of the said order it is alleged in the petition that the Respondents Nos. 5 to 32 have been promoted to the posts of standard grade clerks in the grade of Rs. 270-545 without qualifying for being posted as junior clerks in accordance with the regulations framed by the Municipal Service Commission in terms of the said Act. It is alleged that the posts of standard grade clerks may be filled up by promotion only from the cadre of junior clerks. This, according to the Petitioners, have caused prejudice to the Petitioners inasmuch as they have been prevented from being considered for promotion to the posts of standard grade clerks.
(3.) In the Treasury Department of the Corporation of Calcutta there are two categories of clerks--(i) Junior Clerks and (ii) Standard Grade Clerks--having respective scale of pay of Rs. 245-435 and Rs. 270-543. Vacancy in the posts of standard grade clerks can be filled up by way of promotion only from the junior clerks in accordance with the regulations framed by the Municipal Service Commission. The recruitment to the posts of junior clerks is governed by Section 81(6) of the said Act and regulations framed by the Calcutta Municipal Service Commission. Some of the regulations that arc relevant for the purpose of the instant application are set out hereunder: (i) These Regulations supersede the previous Regulations for recruitment to clerical posts prescribed by the Corporation on 26th March, 1957, 4th July, 1958 and 9th June, 1967, (ii) These Regulations shall govern the recruitment to posts of clerks in Corporation offices carrying a minimum salary of Rs. 300 or below, (ii)(a) Sixty per cent of vacancies as on 1st January of the year of examination in the post of junior clerk/junior assistant in the entire Corporation shall be filled up by direct recruitment on the results of Recruitment Examination and the rest, i.e. forty per cent, shall be filled up by promotion from the clerical and subordinate services specified in the Schedule of Establishment. (iii) Appointment to the clerical posts mentioned above will be made on the results of a Recruitment Examination to be held every alternate year and conducted in the matter hereinafter provided.;