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1990 Supreme(Cal) 420

A.M.BHATTACHARJEE, A.N.RAY
MIRA BAGCHI (CHOWDHURY) – Appellant
Versus
GOBINDA CHANDRA PAL – Respondent


Advocates Appeared:
PARTHA SARATHI SENGUPTA, RUPENDRA NATH MITRA, SHYAMALI BANERJI

A. M. BHATTACHARJEE, J.

( 1 ) THE notification being No. (258-Edn (A)) / (18-2/86) dated 9th April, 1986 of the Education Department, Government of West Bengal was assailed by the writ petitioner in the court below with success and the learned Judge has struck down the said notification. After hearing the learned Counsel for the parties we are however satisfied, and this we say with due respect to the learned trial Judge, that the judgement of the learned trial Judge was erroneous. The impugned notification dated 9th April, 1986 from the Deputy Secretary to the Government of West Bengal to the Director of Public Instruction relates to "the determination of seniority of the typists of Education Directorate who were employed in Government service before attaining 18 (eighteen) years of age" and it was notified, in consultation with the Finance Department, Government of West Bengal that seniority of an employee cannot be affected on the ground that he/she was a minor at the time of appointment".

( 2 ) TAKING it as a matter of first impression, we do not find any thing unreasonable, illegal, unfair or unjust in this impugned order and therefore we have failed, and this again we say w




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