Judgment

PATHAK, J :- This appeal by special leave raises an interesting question respecting the recruitment of Upper Division Clerks for appointment as Accountants in the office of the Accountant General, West Bengal.

2. It appears that at one time all holders of supervisory posts in the office of the Accountant General, West Bengal were required to pass the Subordinate Accounts Service Examination. The examination consisted of two parts. Every eligible employee was entitled to five chances to pass the Part I examination and having passed that he had to pass the Part II examination before he crossed the age of 45 years. In 1966 the Comptroller and Auditor General of India considered it necessary to take measures for improving the working of the offices of the Civil Accountants General because it had been reported by the Directors of Inspection that the accounting- cum-administrative work was suffering considerably and the quality of local inspection was poor. It was also felt that some accounting-cum-administrative supervisory posts could be filled by clerks who had not been able to pass the Subordinate Accounts Service but who had long years of experience and a good record of servi