An appeal by the Comptroller and Auditor General of India was allowed by a Division Bench of the High Court by its judgment and order dated July 6, 1978.
Appeal by Special leave from the Judgment and order dated the 6th July, 1978 of the Calcutta High Court in Appeal from original order No.
ADMN/37 dated June 9 1 966.
The appellants who had originally been appointed as Upper Division Clerks in the office of the Accountant General, West Bengal and at the relevant time were permanent Selection Grade Clerks on their reversion from temporary appointments as Clerks in charge in different sections of the office of the Accountant General, West Bengal, filed a writ petition challenging the appointments under the scheme alleging that they were entitled to be companysidered for appointment to those posts.
497 of 1970.
CIVIL APPELLATE JURUDICTION Civil Appeal No.
It seems that a fair number of such appointments were made with effect from June 15, 1966 by the Accountant General, West Bengal by his letter No.
D By his judgment and order dated June 2, 1970 a learned Single Judge of the Calcutta High Court allowed the writ petition and quashed the scheme.
They companytended that in companyfining the zone of eligibility to Upper Division clerks who had number passed the Subordinate Accounts Service Examination action the scheme brought about an invidious discrimination which was violative of Arts.14 and 16 of the Constitution.
Accordingly, a scheme was framed by an office order No.
V. J. Francis and N.M. Popli for the Appellant.
Harbans Lal, R.N. Poddar and C.V.S. Rao for the Respondent.
K. Garg.
TM 96 dated June 8, 1966 for filling up some of the posts of a purely accounting cum administrative nature by Upper Division Clerks including Selection Grade Clerks who were number members of the Subordinate Accounts Service.
It set aside the judgment of the learned Single Judge and dismissed the writ petition.
The appointments were temporary and their companytinuance would depend upon the satisfactory performance of their duties assessed on the basis of six monthly reports.
It appears that at one time all holders of supervisory posts in the office of the Accountant General, West Bengal were required to pass the Subordinate Accounts Service Examination.
The Judgment of the Court was delivered by PATHAK, J. This appeal by special leave raises an interesting question respecting the recruitment of Upper Division Clerks for appointment as Accountants in the office of the Accountant General, West Bengal.
1033 of 1979.
The examination companysisted of two parts.
