The main legal point established in the judgment is that the seniority of the appellants/writ petitioners should be settled from the dates of their substantive appointments, and the State respondents were directed to take steps to settle their seniority accordingly.

Subrata Talukdar, J.

Under challenge in these appeals is the judgment and order dated 11th of July, 2008 passed by an Hon’ble Single Bench in writ petition being WP 10657(W) of 2007, refusing the relief of computation of the seniority of the petitioners w.e.f. the date of their substantive appointments in service, i.e. 5th October, 1996 and instead, accepting their seniority w.e.f. 21st December, 2006, being their date of regularisation in the cadre of Bengali Stenographers (for short BS).

2. The Hon’ble Single Bench further held that although the seniority of the petitioners be prospectively computed from 21st December, 2006, they shall not face any deductions on account of grant of increments/enhancement of salaries as received by them under the Career Advancement Scheme (for short CAS). The issue before the Hon’ble Division Bench therefore now stands on the sole footing as to whether the petitioners are entitled to claim seniority from the date of their substantive appointments in service or, the action of the State-respondents in regularising the petitioners in the common gradation list from a prospective date is legally permissible.

3. Presenting the short facts of this case, Mr. Parathi Sarathi Bhattacharyya, Ld. Senior Counsel for the appellants submits, that by way of a regular appointment notice dated 6th/7th September, 1989 issued by the Deputy Secretary, Judicial Department, Government of West Bengal connected to the District Judgeship of Birbhum, the Government decided to introduce transcription of the depositions taken in Court proceedings in the Bengali language for both District Civil and Criminal Courts w.e.f. 18th September, 1989. Therefore, the Governor was pleased to sanction the creation of 7 posts of BS in the Judgeship of Birbhum, i.e. 3 Bengali Translators and 4 Bengali Typists- Copyists.

4. The above noted communication dated 6th/7th September, 1989 was issued with the concurrence of the Finance Department, Government of West Bengal and, with notice to the Accountant General (AG), West Bengal and the Treasury Officer, Birbhum.

5. Pursuant to the above noted communication dated 6th/7th September, 1989, a selection process was conducted by the DJ, Birbhum and, by the order dated 25th August, 1990 the 7 writ petitioners were appointed as BSs on temporary basis on the applicable scales of pay and allowances. It is pointed out by Mr. Bhattacharyya that the petitioners were thereafter confirmed as permanent BSs in terms of GO No. 6060/F dated 15th June, 1979 w.e.f. the 5th of October, 1996.

6. However, since the petitioners were refused their due seniority in the gradation list inspite of several representations, by the impugned Memorandum dated 10th January, 2007, the petitioners were both regularised and placed in the gradation list w.e.f. 21st December, 2006.

7. The impugned Memorandum dated 10th of January, 2007, inter alia, states that the matter of regularisation of BS was under active consideration and, the State Cabinet at its meeting held on 21st December, 2006 had observed that the regularisation claimed by the petitioners will be from a prospective date with reference to the regular recruitment rules as applicable to BS and framed in 1994. The regular benefits, including promotions, of the writ petitioners shall be therefore calculated w.e.f. the date of their regularisation, i.e. 21st December, 2006. Mr. Bhattacharyya questions the above noted decision of the Cabinet on the ground that the petitioners deserved to be treated as regular employees from the date of their substantive appointments, i.e. 5th October, 1996 and, not from a future date, i.e. 21st December, 2006.

8. Mr. Bhattacharyya argues that the regular recruitment procedure was followed by the Judgeship of Birbhum in consultation with the State Judicial and Finance Departments while appointing the writ petitioners to their posts of BS. Such regular recruitment procedure was followed by their substantive appointment or, confirmation in