- (1.) THIS six appeals have been preferred against the judgments and orders passed by his Lordship Hon'ble Mr. Justice G. N. Roy disposing of one Civil rule and three applications Under Article 226 of the Constitution of India. Asoke kumar Roy and Shyamalendu Bikash Bhattacharya are appellants in F. M. A. T. Nos. 534 to 536 of 1985 while the learned Registrar high Court, Appellate Side, Calcutta, has presented the remaining three appeals. The learned trial judge has, inter-alia, held that after their appointment to the temporary posts of Lower division Assistants, Asoke Kumar Roy and Shyamalendu Bikash bhattacharya did not retain any lien to posts of Telephone Operators. Therefore they could not have put in qualifying period of service for obtaining Intermediate/new selection Grade for telephone Operators. They are accordingly not entitled to receive any personal pay in addition to their grade pay as Lower Division assistants, Payment of such personal pay to them was discriminatory inasmuch as a result thereof Ashoke Kumar Roy and Shyamalendu Bikash Bhattacharya had been receiving higher amounts of emolument than other Lower Division assistants, who were senior in length of service. The learned trial judge, however, did not allow the prayer of Bhakti. Brata Das Sharma and 45 other lower Division Assistant for commanding the respondents to fix their pay as Lower Division Assistants at the same stage on the same date from which the said Ashoke Kumar roy and Bikash bhattacharya were allowed to draw higher pay but has directed the respondent to forthwith suspend payment of personal pay given to said two persons.
(2.) ON 1st September, 1966 the said Ashoke kumar Roy and Shyamalendu Bikash bhattacharya, under orders of the Hon'ble the chief Justice, High Court calutta were appointed as Telephone operators in the Scale of Rs. 125-200. At the said point of time telephone operators in the High court Establishment were temporary. In response to notices inviting applications for appointment to the temporary posts of Lower Division Assistants in the High Court at Calcutta in its Appellate Side along with others the said Asoke Kumar Roy and shyamalendu Bikash Bhattacharya had applied for the said post. They had qualified them selves in the recruitment test held for filling up of the aid posts of Lower Division Assistants and were include the panel. The Hon'ble the Chief Justice had ordered that the candidates from among the office staff of both the Appellate Side and the Original Side who had qualified themselves in the said recruitment test would be given appointments in the ratio three outsiders to one office staff, notwithstanding their positions in the list of successful candidates. On 3rd October, 1969 Asoke Kumar Roy was appointed as a temporary Lower Division assistant in the scale of Rs. 150/- - 250/ -. On 7th October, 1969 shyamalendu Bikash Bhattacharya. was similarly appointed a temporary Lower Division Assistant in the aforesaid scale of pay. With effect from 1st April, 1970, scales of pay for both the posts of Telephone Operators and Lower Division Assistants in the High Court at Calcutta were revised and fixed at Rs. 130/-- 425/ -.
(3.) THE Hion'ble the Chief Justice, High Court Calcutta, in exercise of his powers under Article 229 (2) of the Constitution of India made the Rules called the High Court Services (Temporary and Quasi Permanent Service and Service with Permanent Status)Rules 1969. The Rules were deemed to have come into force on and from 9th July, 1967. Rule 2 of the said Rules made Rules 3 and 5 to 9 of the West Bengal Services (Temporary and Quasi-permanent Service and Service and Service with Permanent Status)Rules, 1967, mutatis mutandis, applicable to all persons in the employ of the High Court who were under the rule making control of the Hon'ble the Chief Justice but did not hold a lien on any post under the High Court at Calcutta or Central government or the Government of West Bengal or any other State government.;