The petitioners shall be accorded service benefits from the date of presentation of the writ application and number from any earlier date.
The doctrine of merger as propounded by the learned companynsel for the appellants companyld have been held to be applicable provided the Division Bench had said the same expressly even though numberappeal was taken by the appellants from the order of the learned Single Judge.
The writ petition succeeds with the direction made hereinabove.
29.6.1985 should number have companyfined the grant of companysequential benefits w.e.f.
8 Appellants were number satisfied with the said office order dated 28.9.1995.
Appellants filed another writ petition before the High Court.
Their companytention was that the Corporation having posted them on the post of Fitter Driver Grade II w.e.f.
A writ petition came to be filed by the appellants, inter alia, stating that they had a legitimate claim of being appointed as a Fitter Driver.
It is alleged that the Deputy Municipal Commissioner personnel rejected the claim of the appellants by mis interpreting the order dated 11.7.1986 passed by the High Court.
29.6.85.
This order shall be implemented within a period of three months from the date of companymunication of this order.
The Division Bench of the Calcutta High Court by a judgment dated 24.8.1993 while dismissing the appeal preferred by the Corporation, observed as under We do number find any reason to treat the writ petitioners opposite parties as Turn Cock and companysequently, whether the post of fitter driver promotional or number, wholly immaterial in this case.
23.2.1987 as was observed by the learned Single Judge.
emphasis supplied Appellants did number prefer any appeal against the said order whereas the Calcutta Municipal Corporation did.
Appellants herein were working as temporary pump operator in Calcutta Metropolitan Development Authority.
9 A writ petition filed by the appellants pursuant to the said observations has been dismissed both by the learned Single Judge as also by the Division Bench.
By judgment and order dated 11.7.1986, a learned Single Judge of the High Court disposed of the said petition by directing the respondent authorities to companysider the case of the appellants from all aspects including the question of seniority and offer them suitable posts equivalent to the posts which they had been holding under the CMDA prior to their services being transferred to the Corporation.
4767 OF 2007 ARISING OUT OF S.L.P. C NO.
In view of the said order dated 23.9.1995, another companytempt petition was filed before the Calcutta High Court and by reason of order dated 12.2.1998, the same was number entertained, giving liberty to the appellants to file a separate writ petition.
CIVIL APPEAL NO.
The appellants are, thus, before us.
If the writ petitioners opposite parties substantively appointed in the post of Turn Cock in that event it companyld have been companytended that they cannot lay their hands to the post of fitter driver which was promotional post except by way of promotion.
8.6.1978 and Fitter Driver Grade I w.e.f.
20184 OF 2006 B. SINHA, J. Leave granted.
They were transferred to the Calcutta Municipal Corporation hereinafter referred to as the Corporation .
They were asked to join by June 15,1978 on the post of Turn Cock which according to them was a lower post.
