S.B.Sinha, J. - (1.) This appeal is directed against a judgment and order dated 8.9.94 passed by a learned single Judge of this court passed in C.O. No. 1309/89 whereby and whereunder the writ application filed by the writ petitioners/respondents was allowed. 89 writ petitioners who were Lower Division Clerks working in the different capacities in the District of Hooghly filed a writ application claiming inter alia the following reliefs:- "A writ in the nature of Mandamus commanding the Respondents, their officers, subordinates and agents to forthwith refix the petitioners' pay at the same stage at which the pay of their juniors has been fixed from the same date on and from which the petitioners' juniors have been given the higher pay and also to give all arrears of pay upon such re-fixation and to act in accordance with law."
(2.) The writ petitioners were appointed directly as Lower Division Clerks having the minimum qualification of Matriculate in between 1948 and 1968. They had been promoted in the posts of Upper Division Clerks during the period 1963.
(3.) It appears that from time to time various persons who were initially appointed as Muharrars were subsequently promoted to the posts of Lower Division Clerk between 1957 to 1977. The Muharrars were appointed in the District of Hooghly required to have the minimum educational qualification as Class VIII pass. The State of West Bengal introduced new intermediate selection grade by amending Allowances Rules, 1970 by a notification dated 19.11.74, item Nos. 23 and 24 whereof relate to LDC's and Muharrars respectively which reads thus:- "1. 2. 3. (Rs.) (Rs.) All Services/Posts 230-5-275-72--365-10-425 370-10-400-15-535 Ditto 180-5-245-7-350 305-10-425";