Dipankar Datta, J. - (1.) The State of West Bengal and the Director of Public Instruction, West Bengal call in question the judgment and order dated 11th July, 2014 passed by a learned Judge of this Court on W.P. 1014 (W) of 2008, being a writ petition presented by the respondent No. 1 (hereafter the writ petitioner). By the impugned judgment and order, the learned Judge directed that the writ petitioner being "equally placed like stenographer and performing same duty and responsibility like the stenographer she is entitled to get equal pay and equal service benefits as that of stenographer" and accordingly, directed the appellants "to give same financial benefits in favour of the writ petitioner as given to the stenographers on and from the date of disposal of this writ petition". It was also observed that "the writ petitioner will be entitled to get notional benefit which will be counted and fixed as per rules at the time of her retirement, on the basis of pay scale and other benefits like as stenographer".
(2.) A short recital of the facts leading to presentation of the writ petition may not be inapposite.
(3.) The Deputy Secretary to the Government of West Bengal, Higher Education Department, C.S. Branch vide memo dated 2nd December, 1998 conveyed to the Director of Public Instruction, West Bengal (hereafter the appellant No. 2) approval of the Governor to the creation of three additional non-teaching posts in Prabbhu Jagatbandhu College, Howrah (hereafter the college) and appointment thereto in the usual scale of pay and allowances with effect from the dates of filling up of such posts during the current academic session but not earlier than the date of issue thereof. Out of the three posts, the post of steno-typist was a post that was created and approval thereof conveyed. The Governing Body of the college thereafter initiated a process of recruitment on the post of steno-typist. In such process, the writ petitioner was successful in figuring at the first position of the panel. By a letter dated 17th May, 1999 issued by the Principal of the college, the writ petitioner was offered appointment as steno-typist on a pay of Rs. 3,350/- in the scale of Rs. 3,350-90-3,800-100-4,700-122-6,325/-. The writ petitioner was required to join within 1st June, 1999 failing which the offer would stand cancelled. The writ petitioner accepted the offer and joined the college as steno-typist with effect from 1st June, 1999. During the next almost eight years she served the college, the writ petitioner raised no objection to designation of her post as steno-typist. On 7th February, 2007, for the first time, the writ petitioner complained to the Deputy Secretary, Government of West Bengal, Higher Education Department, C.S. Branch, with copies to the appellant No. 2 and the Inspector of Colleges, University of Calcutta (hereafter the University), to the effect that her service should be utilized for the post of stenographer and that the post of stenographer is more essential for administrative work of the college. The essence of the said letter seems to be that the writ petitioner intended re designation of her post as stenographer instead and in place of steno-typist. The letter did not evoke any response resulting in a notice demanding justice dated 22nd March, 2007 being issued by her learned advocate. No positive result yielded, prompting the writ petitioner to invoke the writ jurisdiction of this Court for the first time by presenting W.P. 7625 (W) of 2007. She sought for a direction for change of her designation in terms of the Calcutta University First Statutes, 1979 (hereafter the First Statutes) in connection with her service in the college. The said writ petition was disposed of by a learned Judge of this Court granting liberty to the writ petitioner to submit a representation before the Secretary to the Government of West Bengal, Higher Education Department within a week. The Secretary was directed to pass a reasoned order while disposing of such representation upon granting opportunity of hearing to the writ petitioner as well as other relevant parties. In terms of the order dated 28th April, 2007, the writ petitioner filed a representation dated 25th April, 2007 before the Secretary. She urged, for the reasons indicated in the representation, that she should be conferred the benefits that a stenographer enjoys including financial benefits. In compliance with the order dated 20th April, 2007, the Additional Chief Secretary to the Government of West Bengal, Higher Education Department heard the writ petitioner on 1st June, 2007 and he proceeded to pass the following order: "Smt. Sangita Sinha, now appointed as Steno-typist at Prabhu Jagatbandhu College at Andul Mouri, in the district of Howra moved a writ petition before the Hon'ble Calcutta High Court, regarding her prayer for appointment as a Stenographer. I was directed by the Hon'ble Court in W.P. 7625(W) of 2007 on 20.4.2007, to dispose of the representation of Smt. Sangita Sinha after giving her the opportunity of hearing. Smt. Sinha met me on 1.6.207, in presence of Director of Public Instruction, Govt. of West Bengal and represented her case. It was pointed out by Director of Public Instruction that the Stenographer has not been created in any of the sponsored colleges in West Bengal so far. Unless the post of Stenographer exists, the representation of Smt. Sangita Sinha for her appointment as Stenographer cannot be considered. The position was explained to Smt. Sangita Sinha by me. I also requested her to find out if there was any gap in information or not. She was further requested to find out if the post of Stenographer exists at any sponsored college in West Bengal or not and get back to me within a week. Smt. Sinha did not revert back to me on this issue. In view of the fact that the post of Stenographer does not exist at sponsored colleges in West Bengal, there is no room to consider the instant representation of Smt. Sangita Sinha for elevation to the post of Stenographer. The petition thus stands disposed of. Director of Public Instruction is requested to kindly communicate the decision to Smt. Sangita Sinha.";