Ajit Kumar Sengupta, J. - (1.) This application has been made by two petitioners. The first petitioner has been working as Section Officer in the Home Department and the second petitioner has been working as Officer on Special Duty in the Department of Labour, Government of West Bengal. The first petitioner joined the service under the State respondent as Upper Division Assistant on 11th December 1963 where as the second petitioner joined on 1st. July, 1965 as Upper Division Assistant. Both the petitioners were confirmed in the post of U. D. Assistant within 2 years after their respective appointments as U. D. Assistant. The first petitioner was promoted to the post of Head Assistant on 9th September, 1970 whereas the second petitioner was promoted to the said post on 1st April, 1973. Both of them were confirmed in the post of Head Assistant. Thereafter the first petitioner was promoted on 3rd July, 1975 to the post of Section Officer and the second petitioner was promoted to the said post on 17th August, 1973. On diverse dates on 1979 both the petitioners were confirmed in the post of Section Officer. The petitioner no. 2 was promoted to the post of Officer on Special Duty on 12th June, 1978.
(2.) In this petition the petitioners have challenged West Bengal Services (Secretariat Common Cadre) Rules, 1984 and West Bengal Services (Secretariat Common Cadre of Deputy Secretaries and Assistant Secretaries) Rules, 1984. These Rules were framed under Article 309 of the Constitution of India. These Rules have been challenged on the ground that they are violative of Articles 14 and 16 of the Constitution of India.
(3.) To appreciate the contentions raised by the Learned Counsel appearing for the petitioners it is necessary to set out certain factual back ground and features of the administrative set up of the Secretariat. The Secretariat of the Government of West Bengal is organised under various Departments amongst which the business of the Government is distributed in accordance with rules and/or administrative instructions; West Bengal Secretariat Manual (hereinafter referred to as the said Manual) published by Home Department of the Government of West Bengal is a complication of the various procedures relating to transaction of business by the Government of West Bengal in its various departments and matters connected therewith; The various Departments of the Secretariat and the distribution of work amongst them are specified in the appropriate Schedules to the said Manual; It will appear from the relevant provisions of the said Manual and as the fact is that each department is assigned to the charge of a Minister of Ministers, who is or are assisted by the Departmental Staff ; Paragraph 3 of Chapter I of the Secretariat Manual provides as follows:- "Each Department is assigned to the charge of a Minister or Ministers and with the modifications set forth below consists of a Secretary, who is the official head of the Department, with Gazetted and other staff subordinated to him. The work of a Department may be divided between two or more Secretaries (including an Additional Secretary) or may be allotted to a Joint Secretary. With respect to matters committed to his charge an Additional or a Joint Secretary discharges the functions of a Secretary. The gazetted staff under the Secretary varies indifferent Departments but may include a Deputy Secretary (or Deputy Secretaries) and Under Secretary (or under Secretaries), an Assistant Secretary (or Assistant Secretaries), a Special Officer (or Special Officers) and a Registrar." From the aforesaid narration it would appear that there are various Departments under the charge of Minister who is aided by different Grades of Departmental Staff. It will appear from the relevant provisions of the said Manual that the hierarchy of the Departmental Staff of a Department of the Secretariat is as follows:- (a) Secretary; (b) Additional Secretary or Joint Secretary ; (c) Deputy Secretary/under Secretary ; (d) Assistant Secretary ; (e) Registrar/Special Officer/O. S. D., and allied posts, (f) Section Officer ; (g) Head Assistant ; (h) Upper Division Assistant ; (i) Lower Division Assistant ; The Status, duties/responsibilities and the scales of pay of the members of the staff of the Secretariat are different depending upon their postings in the hierarchy mentioned above.;