Sambuddha Chakrabarti, J. - (1.) The petitioners are working on contractual basis as Bench Clerks in the Fast Track Courts under the learned District Judge, Murshidabad, i.e., the respondent no. 2.
(2.) The case of the petitioners is that on August 25, 2006, a notification was issued by the State of West Bengal regarding recruitment and fixation of pay of staff of the Fast Track Courts in West Bengal. As per the said notification, the pay of directly recruited personnel on contractual basis would be the minimum of scale of pay for the respective posts. Subsequently, by another notification, dated August 14, 2008, the earlier notification was partially modified to the extent that the employees directly appointed on contractual basis in the Fast Track Courts in West Bengal would be entitled to draw the emoluments viz., a) initial basic pay equal to minimum scale of pay of their respective posts, b) dearness pay, c) dearness allowance, d) medical allowance, and e) house rent allowance. By another notification, dated September 16, 2009 the employees directly appointed on contractual basis in the Fast Track Courts of West Bengal were allowed to draw emoluments per month of the initial Basic Pay, revised rate of dearness allowance, house rent allowance, medical allowance.
(3.) In the year 2013, 24 Fast Track Courts were abolished and 24 regular courts of Additional District Judge with 24 posts of bench clerk were created which was specifically mentioned in the relevant notification that the posts of Bench Clerks, Stenographers and Peon (Group-D) of the discontinued Fast Track Courts would continue to function in the newly created regular courts. 24 posts of Bench Clerks and Group-D employees were to be filled up on contract basis from among the retired employees for a period of one year. The consolidated monthly remuneration for the post of Bench Clerk was Rs. 10,000/- for the retired employees, not for the regularly selected employees like the petitioners. Subsequently, the respondent no. 1 accorded its approval for the continuation of 88 Fast Track Courts and creation of 63 Bench Clerks in the Courts of the District Judge (entry level).;