THE BIHAR STATE TYPISTS COPYISTS UNION Vs. THE STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) The two writ applications under Art. 226 of the Constitution have been filed by the. Bihar State Typists Copyists Union through J. P. Jha, the General Secretary of the Union. In these two applications common questions of fact and law are involved. They are, therefore, being disposed of by this common judgment.

(2.) The relevant facts may be briefly stated as follows : The work of the Copying Departments of the Revenue, Civil and Criminal Courts in the State of Bihar is done by two sets of employees, namely, (1) typists and copyists and (2) comparing clerks. The appointment of typists and copyists in the Civil Courts is made in accordance with the provisions contained in Chapter II of Part IV of the Patna High Court General Rules and Circular Orders (Civil) Volume I. The typists and copyists arc employed on remuneration basis whereas the comparing clerks are appointed on salary basis. As provided in the High Court General Rules and Circular Orders and the Bihar Records Manual, the remuneration of the typists and copyists had been initially fixed at two-third of the price per folio typed or copied by them. The remaining one-third of the price out of the charge levied per folio represented the payment to Government on account of salary of examiners (comparing clerks) and costs of paper. It appears that in response to certain demands made by the typists and copyists, the Government of Bihar and Orissa in the month of September. 1916 granted certain concession to the typists and copyists employed in Revenue offices and in Civil and Criminal Courts. A copy of the letter dated the 29th of Sept., 1916, sent by the Secretary .to the Government of Bihar and Orissa in the Revenue Department to the Secretary to the Board of Revenue Bihar and Orissa has been made Annexure "1" to the two writ applications. In paragraph 2 of that letter the concessions which were granted to the typists and copyists are mentioned. Paragraph 2 reads as under :

(3.) In C.W.J.C. No. 1629 of 1970 the petitioner's Union has made a prayer for quashing Annexures '2' and '8' of that writ application. In C. W. J. C. No. 1630 of 1970 the petitioner Union has made a prayer for quashing Annexure '7' to that writ application.