Aniruddha Bose, J. - (1.) In both these appeals, the decision of a learned Single Judge delivered by this Court on 12th May, 2017 is under appeal. The appellants in MAT No. 947 of 2017, are represented by Mr. Pratik Dhar, learned Senior Advocate. The appellants are all judicial officers who were promoted to the cadre of District Judge (Entry Level) in the year 2009 and they question the decision of the learned First Court in substance directing application of a 40-point roster for determination of their seniority. High Court administration is the appellant in MAT No. 1243 of 2017, represented by Mr. Joydip Kar, learned Senior Advocate. He also opposes application of the 40-point roster mainly on the ground that in the given context, the roster system would not apply. Mr. Kar has sought to defend a letter circular issued on 29th November 2016, giving effect to a Full Court resolution taken on 23rd November 2016. The effect of this resolution was that the officers selected for the posts of District Judge (Entry Level) through the process of direct recruitment and limited competitive examination in the year 2009 were excluded from the list showing 85 names filling up 85 posts for vacancies which occurred between 1st October 2004 and 31st October 2008.
(2.) There are three streams from which recruitment is made to the posts of District Judge (Entry Level), under the West Bengal Judicial (Conditions of Service) Rules, 2004. These are direct recruitment from the members of the bar, by selection through promotion on meritcum-seniority basis on passing a suitability test from amongst such Judicial Officers other than District Judges as mentioned in Rule 6(1)(b) of the 2004 Rules and by promotion of certain categories of Judicial Officers strictly on merit through a process of limited competitive examination. The said Rules stipulate the eligibility criteria for the candidates from all the three streams, but we do not consider it necessary to express in detail these criteria for adjudication of these two appeals.
(3.) The learned First Court, in the judgment delivered on 12th May 2017 invalidated the said "letter-circular" preserving the liberty of the High Court administration for preparing a gradation list for all the appointees of 2009 to the posts of District Judge (Entry Level) by taking their date of appointment to be 28th October 2009. The appointment notifications for the promotee officers and officers who were successful in the limited competitive examination were issued on 17th September 2009. So far as the writ petitioners are concerned, their appointment notification was issued on 23rd September 2009. There was a common posting notification for the Judicial Officers from the three steams issued on 28th October 2009. That was the date determined by the learned First Court as the relevant date for the Judicial Officers from all the three steams. The learned First Court opined that a roster system stipulated in Rule 31 of the 2004 Rules ought to apply for filling up the vacancies in the subject-posts.;