( 1 ) THE petitioners are challenging the order of the Division Bench of the Calcutta High Court dated 12/06/1996 made in F. M. A. No. 376/92. The admitted position is that while the respondents were working as Sub-Inspectors in the Food Department of the Government of West Bengal, they were taken on deputation to the petitioner-Corporation. They were made to discharge the duties of the post of Assistants Grade II. Admittedly, they had worked for more than 18 years in those posts. While absorbing them, question which arose was in which scale of pay they were to be fitted. In terms of paragraph 7 of the Corporations circular bearing No. 9-1/87-EP (Pt. I), dated 23-9-1988, the respondents were sought to be absorbed in Assistant Grade III. The respondents challenged the fitment in the writ petitions. The learned single Judge, after consideration of the entire material recorded as under:

"from the pleadings adduced by the parties, it appears before this court that because of continuous satisfactory service for 18 years on "deputation", the petitioners having discharged the function of Assistant Grade II, at the time of absorption the petitioners are not entitled to be treated in a discr