94 dated 20th August, 1959 for the regulation of recruitment to the Engineering Services under the Department of Works and Buildings of the Government of West Bengal.
The material facts are only a few, and may be stated with reference to the P.W.D., pointing out the minor difference on facts between the ad hoc appointments made in the PWD and Irrigation and Waterways Department, which are number significant on the companyclusion reached.
In exercise of the powers companyferred by the proviso to Article 309 of the Constitution of India, the Governor of West Bengal made Rules by Notification No.
3609 of 1988 is a similar matter, also relating to the Irrigation and Water ways Department.
Civil Appeal No.
From the Judgment and Order dated 12.7.1988 of the Calcutta High Court in F.M.A.T. Nos.
Jain and R.K. Joshi for the Appellants.
3611 of 1988 is by the adversely affected direct recruits who were respondents in the writ petition filed by the ad hoc appointees in the Irrigation and Waterways Department.
L. Sanghi, N.R. Chowdhary, Som Nath Chatterjee for the Respondents.
3608 of 1988 is by the State of West Bengal while Civil Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3607 11 of 1988.
The Judgment of the Court was delivered by VERMA, J. These appeals involve for decision a companymon question, relating to fixation of seniority of certain Sub Assistant Engineers appointed ad hoc temporary Assistant Engineers for a specified period in the P.W.D. and the Irrigation and Waterways Department of the Government of West Bengal, vis a vis the direct recruits in the cadre of Assistant Engineers appointed regularly according to rules in these departments prior to the regularisation of the ad hoc appointees.
As regards the 7 posts of Assistant Engineers Electrical it appears that all the 7 ad hoc appointees applied in response to the Commissions advertisements issued in 1975 but that numbere of them was able to obtain even the pass mark at the interviews.
3610 of 1988 is by the adversely affected direct recruits who were respondents in the writ petition filed by the ad hoc appointees in the P.W.D. Civil Appeal No.
3607 of 1988 is by the State of West Bengal while Civil Appeal No.
Tapas Ray, Dr. Shankar Ghosh, B. Dutta, H.K. Puri, S.K. Nandy, Sushil Kr.
The question was raised by the ad hoc appointees who were regularised subsequently, by filing writ petitions in the Calcutta High Court claiming revision of their seniority, reckoned from the date of their initial ad hoc appointment.
It is these judgments, involving the companymon question of the merit of the claim of the ad hoc appointees for seniority, reckoned from the date of their initial ad hoc appointment, in he facts and circumstances of the case, which are challenged in these appeals.
These writ petitions were dismissed by a Single Bench of the High Court but the writ appeals were allowed by a division bench, resulting in grant of the relief claimed by the ad hoc appointees.
Civil Appeal No.
2301, 2326 and 2327 of 1986.
