A decision of a Division Bench of the High Court is binding on a learned Single Judge and cannot be ignored on the ground that it was passed sub silentio or per incuriam.

( 1 ) ALL the appeals have been preferred from the judgment and order dated 25th September, 2000 passed by the learned single Judge in W. P. No. 8030 (W) of 1999 and the other similar writ petitions, which were heard analogously. The learned Single Judge by the aforesaid judgment and order dismissed all the writ petitions.

( 2 ) ALL the appeals preferred from the aforesaid judgment and order passed by the learned Single Judge have also been heard analogously and are disposed of by this common judgment.

( 3 ) THE appellants/writ petitioners are the librarians of Rural/area/primary unit Libraries duly sponsored/aided by the Government of West Bengal. They possess the higher qualification. e. graduate with the recognised diploma in library Science. The appellants/writ petitioners moved the application under article 226 of the Constitution of India before the Hon'ble High Court claiming the benefit of higher revised scale of pay of Rs. 1,3,90-2,970/- appropriate to their higher qualification in terms of the memorandum being No. 33-Edn (B) dated 7th March, 1990 issued by the Secretary, Education Department, government of West Bengal with effect from the date as indicated ui the said memorandum dated 7th March, 1990 in the following backdrop: "one Biswajit Das holds the post of Librarian in a rural library. He is graduate and possesses a recognised diploma in Library Science. He moved an application under Article 226 of the Constitution of India being C. O. No. 9580 (W) of 1996 before the Hon'ble High Court, Calcutta and prayed therein for the benefit of the higher revised scale of pay of Rs. 1,390-2,970/-, appropriate to his higher qualification in terms of sub-clause (3) of clause 16 of the Memorandum being No. 33-Edn (B) dated 7th March, 1990 issued by the Secretary, Education Department, Government of West Bengal. "

( 4 ) THE said writ application was finally heard and disposed of by the judgment and order dated 19th September, 1996 passed by Altamas Kabir, J. (as His Lordship then was ). From the said judgment we find that the learned Counsel of the State-respondents submitted that having regard to the subsequent memo dated 26th July, 1994, where no provision has been made for librarians who were graduates having a certificate of librarianship, the scale of pay indicated in the said memo would be the scale which the petitioner was entitled to. The aforesaid submission of the State-respondents was, however, not accepted by justice Kabir as the said learned Judge was inclined to agree with the learned counsel of the petitioners that the subsequent memo dated 26th July, 1994 was issued not in supersession of but in continuation of the earlier memo dated 7th march, 1990. Justice Kabir thereafter disposed of the said writ petition with a direction upon the respondents concerned to give to the petitioner the scale of pay of Rs. 1,390-2,970/- with effect from the date as indicated in the said memorandum dated 7th March, 1990.

( 5 ) THE State-respondents then preferred an appeal from the said judgment and order dated 19th September, 1996 passed by Altamas Kabir, J. (as His Lordship then was) and the said appeal was also dismissed by the Hon'ble division Bench.

( 6 ) FROM the said order passed by the Division Bench, State-respondents filed a special leave petition before the Hon'ble Supreme Court which was numbered as S. L. P. (Civil) 15807 of 1998. In the said special leave petition, the state-respondents raised inter alia the following question of law: "whether the High Court has properly interpreted and applied the memorandum issued by the authorities concerned on 7. 3. 1990 and subsequent circular issued on 21. 7. 1990, 2. 6. 1994 and 26. 7. 1994?" the Hon'ble Supreme Court was pleased to dismiss the special leave petition on 26th October, 1998.

( 7 ) IN view of dismissal of the aforesaid special leave petition, benefit of the higher revised scale of pay of Rs. 1,390-2,970/- with arrear had alrea