S.B.Sinha, J. - (1.) -This appeal is directed against an order dated 4.3.98 passed by a learned single Judge of this court in C.O. 16841(W) of 1993, whereby and whereunder the said learned Judge allowed the writ application filed by the writ-petitioner-first respondent with the following directions:- "It appears from the records as well as affidavit-in-opposition there is no findings of dissatisfaction as against the writ petitioner for not granting the benefit of promotion in the Selection Grade in terms of the resolution. I hold and declare that the writ petitioner was entitled and still is entitled to get the promotional benefit to the post of Selection Grade Work-Assistant in terms of the resolution being annexure 'B' to the writ petition. Therefore, I direct the respondents authorities shall give such promotional benefit to that post notionally from the date on which he completed the service of 10 years. Accordingly all the increments notionally should be granted to the writ petitioner upto date. The respondents authorities shall allow the petitioner to join the said promoted post of Selection Grade of Work-Assistant, whatever may be the nomenclature thereof now and also accord all the benefits thereof factually from the date of joining this post. The respondents authorities shall allow the writ petitioner to join the said post within a period of two weeks from the date of communication of this order."
(2.) The fact of the matter lies in a very narrow compass.
(3.) The petitioner was appointed as Work-Assistant in the year 1965. Admittedly, after serving the appellant trust for a period of ten years, he was entitled to promotion to selection grade. He was denied with such promotion. But now it appears that in terms of order dated 4.7.90 such promotion was granted to him with effect from 16.12.75. According to the petitioner, after such promotion had been granted, he ought to have been treated in the scale of pay of Rs.425-1050 and in the event no promotion had been granted to him for a period of fifteen years, he was entitled to salary on the Scale of Pay of Rs.470-1230. The petitioner's further case is that now in terms of the recommendation of the Third Pay Commission, he was entitled to the salary of Rs.1500-3400. As the petitioner was denied the said benefit, he filed a representation dated 26th January, 1992, but as despite the same no relief has been granted to him, he filed a writ application before this court and by an order dated 24.7.92, Susanta Chatterjee, J. directed his representation as contained in annexure "C" to the writ application, to be considered by the competent authority. Pursuant to and in furtherance of the said order, officer on special duty has passed an order on 21.10.93 stating- "His points as per his statement are as follows:- a) No promotional avenue for Work Assistant. b) Board of Trustees for the Improvement of Howrah by its resolution No. 12(c) dated 29.7.1971 created one post of Selection Grade Work Assistant. c) The Secretary, H.I.T. in his letter No. E-51/3P-340-67-2837 dated 11.5.1975 informed him that his case for promotion to selection Grade Work Assistant would be considered after completion of his 10 years of service. d) This was confirmed by the Secretary H.I.T. under his endorsement No. E-508/(i)/7E-105/74/Pt-I/6294 dated 26.9.80. e) Shri Dutta claimed that he should be promoted to the post of Selected Grade Work Assistant on the basis of criteria laid down in Board's resolution No. 12(c) dated 29.7.71. f) Shri Dutta also stated that his view were also recorded in the document placed at annexure 'C' of this writ petition. After perusal of office records it appears that the following benefits were allowed to Shri Dutta:- 1) Shri Dutta was awarded the H/I SG in the scale of Rs. 370-10-400-15-535/- with effect from 16.12.1975 under this office Order No. 3L-135/86-172/1(2) dated 4-7-90 which was higher than his pay of Rs. 300-600/- 2) Shri Dutta was again allowed the benefit of Grade-I Work Assistant and was redesignated as Grade-I Work Assistant in the scale of Rs. 360-10-400-15-520-740-25-815 on promotion with effect from 1.4.81 under this office order No. 3L-153/86-276/1/(2) dated 20.11.1990 in terms of Finance Department Order No. 6503-F dated 29.5.84 read with G.O. 13641-F dated 10-12-1987.";