On 5.4.1988, a learned single Judge of the High Court, Ajit Kumar Sengupta, J. passed an interim order directing the State Government to frame seniority rules and determine inter se seniority on the basis of the seniority rules within one month from the date of the companymunication of the order.
The original respond ents to the Writ Petition also preferred another Appeal against that judgment in Appeal No.
1436/88.
The stay of the operation of the judgment evidently has been made on the request of the aggrieved party, namely, the respondents to the appeal to enable them to approach this Court.
241/89.
The State Government preferred an appeal against the judg ment and order dated 23.3.1989 before a Division Bench of the High Court in Appeal No.
Both the appeals are with reference to Matter No.
On the same day, the learned Judge passed the interim order restraining the State Government from taking any further action on the basic of the draft rules of seniority which were in the meantime prepared in companypliance with the earlier order dated 5.4.1988.
The operation of this order of in junction shall also, therefore, have to be stayed along with the operation of the judgment and decree passed by the learned Judge.
On 29.4.1988 on an application moved by the writ petitioners, the same learned Judge passed an interim order to the effect that if any seniority rules have been framed pursuant to his order dated 5.4.1988 the same would number be given effect to without the leave of the Court and without giving any numberice to the writ petitioners.
241 of 1989.
There will be a stay of the operation of the judgment and order for four weeks but the interim order granted by this Court will companytinue also for four weeks.
Aggrieved by this order, the writ petitioners who are respondents in the Appeals filed SLP No.The said DiviSion Bench delivered its Judgment on 10.7.1989 disposing the interim applications, the relevant portion of which is as follows On a companysideration of all the submissions made before us, we are inclined to hold, therefore that the appellant peti tioners have made out a prima facie case for staying the operation of the judgment and order passed by the learned Judge.
In the same order, the Division Bench after disposing this application has made the following order The operation of this judgment together with the order shall remain stayed for eight weeks.
Such a stay order has been there since the filing of the original writ petition.
K. Sen, Ms. Mridula Ray, T.U. Mehta NP and D.P. Mukherjee for the Respondents.
Following the direc tions given in my judgment, the inter se seniority will be done.
IN Civil Appeal No.
The learned Judge has restrained the appellant State from filling up a number of important posts till the making of the Seniority Rules and determina tion of seniority of the respondents.
1436 of 1988.
CIVIL APPELLATES JURISDICTION I.A. No.
1436/88 together with all interim orders passed by His Lordships in the said matter are hereby stayed.
Ashok Desai, Solicitor General, Amal Datta, D.K. Sinha and J.R. Das for the Petitioners.
A batch of employees of the State of West Bengal belong ing to the West Bengal Civil Service Executive filed Writ Petition being Matter No.
4131 of 1989.
On 23.3.1989 Ajit Kumar Sengupta, J. pronounced his judgment, the operating portion of which reads thus The application is allowed.
The main pleading in the Writ Petition is that there was numberrule relating to determination of seniority as between promotees and direct recruits of the West Bengal Civil Service and the prayer on the above pleading is for issuance of a Writ of Mandamus directing the State Government to frame appropriate seniority rules in that behalf.
1436 of 1988 under Article 226 of the Constitution of India.
Subsequently some more members of the said cadre were added as respondents on their applica tion and they also supported the Writ Petition.
240/89.
The following Order of the Court was delivered by RATNAVEL PANDIAN, J. This application is filed by the State of West Bengal for clarification of the two orders of this Court dated 7th September and 27th September of 1989 in SLP Civil No 10670/89 in the companytext of the order dated 4th September and order report dated 15th September of 1989 passed by a Division Bench of High Court of Calcutta in Writ Appeal Nos.
In the circumstances stated it is hereby ordered that the operation of the judgment and order dated 23rd March, 1989 passed by the Honable Mr. Justice Ajit Kumar Sengupta in the Matter No.
Pending the disposal of this appeal the Government will be at liberty to proceed with the finalisation of the Seniority Rules governing the members of the unified W.B.C.S. The Government will be also at liberty to fill up all the vacan cies and award all service benefits including appointments to higher posts or higher scale which will be subject to the results of these appeals.
9 to 15, while filling up these posts.
3 of 1990.
240 and 24 1 of 1989 in the Matter No.
From the Judgment and Order dated 4.9.1989 of the Cal cutta High Court in Original Order No.
On 10.6.1988 the writ petitioners moved another interim application in the Writ Petition before the same learned single Judge for setting aside the draft seniority rules.
Since many such posts are lying vacant at present, the Court desires the Government to companysider, if it will take in its companysideration, the cases of the writ petitioners and the respondents Nos.
The original respondents to the Writ Petition who are also in the same cadre as well the State Government which is made a party opposed the Writ Petition.
In both the ap peals, stay applications were filed before the Division Bench companyprised of Justice Roy and Justice Sudhangshu Sekhar Ganguly.
