S.P. Talukdar, J. - (1.) By filing the instant application under Article 226 of the Constitution the petitioner, Tapan Kumar Dutta, sought for direction upon the respondent authorities for not giving effect to the relevant Memo dated 25.6.2006 issued by the Deputy Secretary to the Government of West Bengal, Judicial Department.
(2.) Grievances of the writ petitioner may briefly be summed up as follows: The petitioner was appointed as Typist -Copyist in the Copying Department by Memo No. 410/XIV -2 dated 22.1.1975 issued by the District Judge, Midnapur. The appointment letter was issued by the Judge -in -Charge, learned 3rd Court of Munsif, at Tamluk. Such appointment was on temporary basis. It was confirmed by the District Judge, Midnapur on 15.9.1976. The petitioner used to draw remuneration as piece rated temporary typist after his appointment on 22.1.1975 during the period from 24.1.1975 to 20th September, 1976.
(3.) Private respondent, being respondent No. 4 herein, was appointed on 11th April, 1975 as Typist -Copyist. The petitioner was confirmed in the post of Typist - Copyist on 23rd October, 1978 whereas the date of confirmation in service of the private respondent is 19th May, 1983. The Assistant Secretary, Judicial Department by Memo dated 14.10.2003 addressed to the District Judge, Midnapur, sought for certain particulars in connection with determination of seniority of the petitioner. In response to the said letter dated 14th Octoner, 2003, the District Judge, Paschim Midnapur, furnished necessary particulars and information as sought for by his reply dated 5th February, 2004. The petitioner was promoted with effect from 22nd June, 1989. A Gradation List of Typist Copyist/Typist -cum -Copyist was prepared by the establishment. The private respondent submitted a representation seeking modification of the said gradation list dated 10.7.1995 after about one year seven months of its publication. The then District judge, Midnapur by order dated 24.5.1996 placed the petitioner below the private respondent. A representation was accordingly submitted before the appropriate authority. In view of the order of the Government communicated under Memo No. 6806 -J dated 15.7.1998, the District Judge passed an order dated 7.12.1998. Seniority of Tapan Kumar Dutta was restored and he was placed at No. 16 of the Combined List prepared by the office. The Assistant Secretary of the Judicial Department by letter dated 7th January, 1999 requested the District Judge, Midnapur to produce service books of both the petitioner as well as private respondent No. 4.;