Rupak Bhowal & Anr. v. The High Court Administration & Ors.

the wake of bifurention of District “……………In into two Judgeships viz. Jalpaiguri and Judgeship Alipurduar and Government, vide Judicial Department, Govt. of West Bengal Notification No. 81/JD/X/16M-29/14 dated 24.04.2023 of the District of Alipurduar as Sessions Division having its original seat at Alipurduar, Draft Gradation List of all category of staff including the English Stenographers posted in the Jalpaiguri Judgeship was prepared on 19.05.2023 to get a clear picture of the actual vacancy position in the Judgeship of Jalpaiguri for the purpose of fresh recruitment, and on circulation of the Draft Gradation List 2023 of the English Stenographers posted in the Jalpaiguri Judgeship, two of the Grade III English Stenographers viz. 1) Sri Rupak Bhowal, attached to the Court of the Ld. Additional Dist. & Sessions Judge, 2 Court, Jalpaiguri, and 2) Sri Pratim Patrannbish, posted in the Court of Railway Magistrate at N.J.P and deputed to act as Stenographer in the Court of the Ld. Addl. Dist & Sess. Judge at Malbazar, have made endorsement to the effect that they have already opted to Judgeship to Alipurduar named English subsequently Stenographers also submitted their applications dated 31.05.2023 & 01.06.2023 respectively to that effect. transferred Alter carefully going through the applications as submitted by the applicants as well as their endorsements on the Draft Gradation List-2023, appears that both the incumbents have prayed before the undersigned for getting them transferred to Alipurduar Judgeship, in view of their options/applications, so that they may not lose their seniority. Fact remains that in terms of the Order No.22/N dated 03.06.2023 of the undersigned, the earlier Order No.99(M), dated 28.04.2023 of this office has been partially recalled the purpose of consideration of the optional transfer in respect of the Group 'D' & Process Serving (Seal Bailiff) Staff of newly delimited Judgeship of Jalpaiguri, while maintaining status quo with regard to the matter of optional transfer in respect of English Stenographers for the time being. Under the circumstances, after carefully going through the matter and upon consideration of the applications submitted by both the above named English Stenographers and their endorsement on the Draft Gradation List 2023 of the English Stenographers posted the Jalpaiguri Judgeship, the District Judge, Alipurduar is requested to place their names in the Draft Gradation List of the English Stenographers of Alipurduar Judgeship according seniority maintained in the parent Judgeship i.c. undivided Judgeship of Jalpaiguri until they join the Judgesnip of Alipurduar on resumption of their optional transfer process. Accordingly publishing the final Gradation List in respect of English Stenographers posted in Jalpaiguri Judgeship. remains no bar Sd/- District Judge, Jalpaiguri”

#21. Thus, vide the impugned order the learned District Judge protected the seniority of the petitioners herein in the respective gradation list.

#22. Finally, the District Judge, Jalpaiguri vide order no. 35/G dated 6th January, 2025 informed the learned District Judge, Alipurduar as follows:- releasing the matter of “…………that in view of this office Order No. 99 (M) dated 28.04.2023, passed by my predecessor to the two English office, Stenographers of this Judgeship namely 1) Shri Rupak Bhowal & 2) Shri Pratim Patranabish, who have exercised their option to get themselves transferred from the Judgeship of Jalpaiguri to the newly created Judgeship of Alipurduar pursuant to the bifurcation of Jalpaiguri Judgeship, cannot be considered at this stage………….”

#23. Hence the writ application filed by the petitioners.

#24. Affidavit-in-opposition has been filed by the respondent no. 1, being the High Court Administration.

#25. In the affidavit-in-opposition, the specific case of respondent no. 1, is as follows:- “…………… that subsequently the learned District Judge, Jalpaiguri in terms of an office order No. 22/M dated 3rd June, 2023 allowed transfer of Group-D and Process Serving (Seal Bailiff) staff from the the newly created Judgeship of Jalpaiguri partially Judgeship Alipurduar recalling/modifying the earlier office order dated 28th April, 2023. Pertinently, the question of optional transfer of stenographers was kept aside for the time being since in view of the options preferred by the stenographers, it would have been a case of single way transfer, i.e., from Jalpaiguri to Alipurduar only. In the context of serious paucity of stenographers under Jalpaiguri Judgeship, the question of optional transfer of stenographers was still kept in abeyance. It appears from the notification dated 3rd June, 2023 that inconvenience caused to a Judgeship by reason of transfer of stenographers was given weighty consideration since the same is a relevant criterion while considering intra-district transfer of employees of subordinate Courts in terms of the scheme framed by the Hon'ble High Court at Calcutta………”

#26. It is further stated that from the office report submitted by the District Judge, Jalpaiguri it was noted that :- stenographers, functions under “……….that since the stenographers are required to discharge a specific skilled and technical job, they cannot be replaced by other cadres of staff and since there existed acute paucity of English Stenographers under the Jalpaiguri Judgeship, release of the petitioners herein would have impacted the day-to- day discharge of judicial Jalpaiguri Judgeship. In this regard, it shall be pertinent to mention that in order to address such paucity of manpower, particularly with regard a communication dated 20th December, 2024, being office letter No. 2709/G, sanction has been sought from the State Government for recruiting required staff under all cadres for which requirement had arose in view of bifurcation of Jalpaiguri Judgeship, to such communication, by a letter dated 10th January, 2025 being letter No. 07-JD/X, the State Government has sought further information regarding creation of information appears to have been already provided to the State Government by the Jalpaiguri Judgeship and such the State further pending before Government………..” in different cadres. Such response In

#27. Finally, the respondent no. 1 has stated that upon going through the relevant report submitted by the Jalpaiguri Judgeship in this regard, it appears that since the matter of sanction of posts for all categories of staff is presently under consideration by the State Government and the recruitment process of Jalpaiguri Judgeship is presently stalled due to want of actual sanctioned strength and if the petitioners herein are directed to be released in terms of their prayer, the Jalpaiguri Judgeship shall suffer serious inconvenience, which shall directly and adversely affect the discharge of judicial functions by the concerned judicial officers in the said Judgeship.

#28. From the lists of English Stenographers called for by this Court, it appears that as on 26.02.2026, against a sanctioned strength of 15, there are 14 Stenographers posted at Jalpaiguri (only 1 vacancy) which includes the two petitioners herein, who have opted for transfer to Alipurduar.

#29. It appears from the report submitted by the learned counsel representing the learned District Judge, Alipurduar, that the working strength of Stenographers at Alipurduar District Court is 11 and working strength is 8 with 3 vacancies.

#30. As such in case the petitioners herein are permitted to join at Alipurduar, the vacancy at District Jalpaiguri shall be 3 against the total sanctioned strength of 15.

#31. In case of transfer of the two petitioners to District Alipurduar, the working strength shall be 10 and vacancy 1.

#32. Taking all this into consideration, the stand of the respondent no. 1, that on the basis of the report, submitted by the respondent no. 2, recruitment has been stalled for want of sanction for recruiting required staff under all cadres, is prima facie not substantiated for the reasons, that for the vacancies which exist and the vacancies which shall arise, if the petitioners are permitted to join Alipurduar in exercise of their option, when all such vacancies are admittedly against sanctioned posts, there is absolutely no impediment to initiate and complete the process of recruitment of the staff, as no further sanction is required from the government in respect of already sanctioned posts.

#33. The excuses made by the respondent no. 2, appears to be weak and there appears to be serious delay/laches in initiating timely process for recruitment, by giving the reason that the matter is pending before State Government for sanction of required staff, which appears to be vacancies in respect of sanctioned posts. This prima facie appears to be an excuse to avoid conducting timely recruitment to be done, in due course diligently.

#34. The said stand of the respondent 1 and 2 again does not have any force, in view of the fact that admittedly some of the staff under other categories have been permitted to join Alipurduar on exercising their option under the same order, which also appears to be one way transfers and the same was done by partially modifying the order, even though, when the reason for “kept in abeyance” in the initial order was the same for all.

#35. As such the contention of the respondent no. 1, that sanction has been sought for from the State Government for recruiting required staff under all cadres, which has arisen in view bifurcation of Jalpaiguri Judgeship also has no merit.

#36. Thus, the order no. 99(M) dated 28.04.2023 keeping the matter of optional transfer in abeyance which relates to sanctioned posts is hereby set aside.

#37. Accordingly, the District Judge Jalpaiguri, the respondent no. 2 herein is directed to release the petitioners herein, within 10 days from the date of this order, permitting them to joint at District Alipurduar in exercise of their options, with a further direction to the respective District Judges to initiate the process for timely recruitment in respect of the sanctioned strength of staff, which has fallen vacant, pursuant to such option of transfer by the staff of all categories at the earliest.

#38. Writ application stands disposed of.

#39. All connected application, if any, stands disposed of.

#40. Interim order, if any, stands vacated.

#41. Urgent Photostat certified copy of this Judgment, if applied for, be supplied to the parties, expeditiously after complying with all necessary legal formalities. [Shampa Dutt (Paul), J.]