Anil Kumar Sen, J. - (1.) An application for an interlocutory order filed by the appellants in F. M. A. T. No. 1601/85 came up hearing before us. Since the dispute raised in the original proceeding out of which the above appeal arises is required to be adjudicated for the purpose of disposing of the interlocutory application, we decided to hear the appeal and the application together. We keep it on record that we further heard an inter-connected writ petition bearing C.O. No. 14983(W)/83 because, in our opinion, the two matters could not be left for independent adjudication. That will appear clear from the facts and circumstances now being set out hereinafter.
(2.) The appellants in F. M. A. T. No. 1601/85 are the three writ petitioners Narayan Chandra Ghosh an others (hereinafter referred to as Narayan Chandra Ghosh and others) whose writ petition was 8 summarily dismissed by the learned trial Judge by an Order dated May 14, 1985. They are admittedly group 'D' employees in the office of the Controller of Weights & Measures under the Government of West Bengal. Sometimes prior to 1983, 19 Lower Division Assistants were given promotion to higher ranks resulting in consequential 19 vacancies of Lower Division Assistants in the office of the Controller of 8 Weights & Measures. Though 19 people were so offered promotion, two of them did not accept promotional appointment and as a result, the consequential vacancies came down to 17. Of these 17, three posts 8 were filled up by selection from the panel of candidates earlier 8 constituted by the Director of National Employment Services and the Regional Employment Exchange, Calcutta. The net result was that 14 posts fell vacant in the category of Lower Division Assistants in the office of the Controller of Weights & Measures. The present dispute relates to the filing up of these posts.
(3.) It is not in dispute that under the Government decision dated April 24, 1980, "qualified departmental candidates may also be considered for appointment in higher posts along with candidates sponsored by the Employment Exchanges provided such departmental candidates fulfil the conditions of eligibility as may be laid down in the relevant rules of recruitment prescribed for the posts" (vide-Labour Department Memo No. 8 EMP dated 24th April, 1980).;