JUDGMENT 1. THIS is an appeal under clause 15 of the Letters Patent at the instance of the State of west Bengal and it arises out of a writ proceeding. The order under challenge is one dated April 20, 1981, passed by a learned single Judge of this court making absolute a Rule nisi issued on a writ petition which was registered as C. R. No. 19816 (W)/75. The short point, which arises for our consideration in this appeal, is as to whether a degree of Bachelor of Laws can be said to be a post graduate degree within the meaning of clause (iii) of the Government memorandum dated October 21, 1974. The material facts are not in dispute and may shortly be set out as follows :- 2. RESPONDENTS Nos. 1-5 in this appeal are all law graduates. They were the employees of the State Government working on different posts held by them all under the Id. District Judge of Hooghly. The State Government on October 21, 1974, accepted in part the report of a Special Committee earlier appointed by it to go into certain alleged anomalies in the pay scales of the employees in the new Intermediate Selection grade and in unified services and directed implementation of the recommendation so accepted. District Judge of Hooghly. The State Government on October 21, 1974, accepted in part the report of a Special Committee earlier appointed by it to go into certain alleged anomalies in the pay scales of the employees in the new Intermediate Selection grade and in unified services and directed implementation of the recommendation so accepted. The material part in paragraph 2 of the said memorandum of the State Government is set out hereinafter since the entire case hinges upon the interpretation of the terms thereof: "(iii) In order to attract men of quality and also for removing frustration, the benefit of three increments shall be given to those who acquired specialised knowledge of a technical nature by obtaining post-graduate Diploma of recognised Universities and six incremental benefits for those who obtained post-graduate Degrees of the recognised Universities subject to the condition that these incremental benefits' shall be available once in their career who have not got it at the time of entry, may get it as soon as those post-graduate qualifications are obtained or who have already obtained - provided that a) these incremental benefits for post-graduate qualifications shall be admissible only in such cases where possession of those post-graduate qualifications of a specialised and technical nature would be considered as an added qualifications for the due discharge of their official duties and not otherwise; b) these incremental benefits due to post-graduate qualifications of a specialised nature would not be admissible in respect of posts whose recruitment rules require such post-graduate qualifications of technical nature as the minimum qualifications." Respondents Nos. 1-5 having applied for the necessary benefit under the aforesaid clause, the Id. District Judge, hooghly, by his order dated April 11, 1975, gave them the six incremental benefits on the view that they are possessed of post-graduate degrees of LL. B. and possession of such a degree is considered as an added qualification of specialised and technical nature for the discharge of their duties in the law courts. 3. OBVIOUSLY, such an order needed financial sanction and the matter being referred to the Government, the Government on November 28, 1975, issued the following order : "from : Shri S. Mukherjee, dy. Secy to the Govt. of West Bengal to : The District Judge, Hooghly. Dated Calcutta, the 28th Nov., 1975. 3. OBVIOUSLY, such an order needed financial sanction and the matter being referred to the Government, the Government on November 28, 1975, issued the following order : "from : Shri S. Mukherjee, dy. Secy to the Govt. of West Bengal to : The District Judge, Hooghly. Dated Calcutta, the 28th Nov., 1975. Sub : Six incremental benefits given by the District Judge, hooghly to the several members of the staff of his Judgeship treating their Law Degree as technical ones. The undersigned is directed to refer to his letter No. 1848/g-3/75, dated. 18.7.75, on the above subject and to say that incremental benefits are not admissible in terms of sub-rule (iii) of rule 2 of the F. D. Memo No. 10035-F dated 21.10.74 in such cases as the candidates have neither acquired any post graduate qualification of technical nature nor are such qualifications required for the due discharge of the duties of the posts in the clerical cadre. It is accordingly requested that the relevant order nos. 31 dated 11.4.75 and 57 dated 19.5.75 passed by him in these respects may please be cancelled and steps be taken for recovery of the amount over drawn by the incumbents in terms of the aforesaid orders. Action taken in this matter may please be resorted to this Dept. at an early date. Sd. S. Mukherjee, deputy Secretary. " 'that was the order, which was challenged by the respondents Nos. 1-5 and another employee of the same Judgeship who was given the same benefit by a later order dated May 19, 1975, of the Id. District Judge, Hooghly, and which order too was analogously set aside by the aforesaid Government order. The specific case made out by the respondents in the writ petition was that, since they were holding degree of bachelor of Laws, which is a post-graduate degree, they were entitled to the benefit of six increments sanctioned by the Government; that such benefit was tightly given by the Id. District Judge but was wrongly denied by the Government by the order impugned. The writ petition was contested by the State of west Bengal and its authorities their defence being that the degree of Bachelor of Laws was merely graduation and mot a post-graduate degree. District Judge but was wrongly denied by the Government by the order impugned. The writ petition was contested by the State of west Bengal and its authorities their defence being that the degree of Bachelor of Laws was merely graduation and mot a post-graduate degree. In that view, according to the State of West bengal and its authorities, the respondents were not entitled to the benefit prescribed by the Government order relied on by them. 4. THE ld. trial Judge was of the view that three conditions were required to be fulfilled in order to be entitled to the benefit under the aforesaid clause, namely, (i) that the employee must be in possession of a post-graduate degree; (ii) that the degree must be of a specialised and technical nature and (iii) that acquisition of such a degree would help the employee in the discharge of his duties. On the finding of the ld. trial Judge the counsel for the State did not seriously dispute the fact that the petitioners before him fulfilled the second and the third condition as aforesaid. The only point on which the parties were at divergence was as to whether the LL. B degree could be said to a post-graduate degree so that the petitioners being possessed of such a degree, could be said to have fulfilled the first condition too. In deciding the controversial issue in favour of the petitioners before him the Id. trial Judge proceeded on the dictionary meaning of the term 'post-graduate', namely, "pertaining or relating to a course of study carried on after graduation. " When, according to the Calcutta University Regulations, none could undertake study of law except after graduating from a university in either Arts or Science or commerce, the LL. B. degree should be held to be a post-graduate degree in view of the meaning of the word 'pest-graduate' in the dictionary. According to the Id. Judge, in order to constitute post-graduate it need not be one in the same discipline after graduation. The Id. Advocate General appearing in support of this appeal has seriously challenged the correctness of the view taken by the Id. trial Judge According to him, the term 'post-graduate degree' has got a definite connotation well recognised in academic world. It means and includes a degree conferred on studies higher than those in the graduation course. The Id. Advocate General appearing in support of this appeal has seriously challenged the correctness of the view taken by the Id. trial Judge According to him, the term 'post-graduate degree' has got a definite connotation well recognised in academic world. It means and includes a degree conferred on studies higher than those in the graduation course. It may be that in a particular University or Universities, one may not be entitled to undertake studies in law without graduation in Arts, science or some other discipline. 'that restriction, according to the Id. Advocate General, is imposed in order to ensure a basic standard of maturity for one who can aspire to be a student of law. But when he passes the LL. B. examination, he merely completes the graduation course in law and is conferred a graduate degree or the lowest degree which the University confers and not a pest - graduate degree. Hence, according to the ld. Advocate General, the term 'post-graduate degree' in this Rule does not mean and include the LL. B. degree. Strong reliance is placed by the Id. Advocate General on a decision of the Supreme Court not cited before the Id. trial Judge in the case of Juthika Bhattacharjee vs. The State of Madhya Pradesh, A. I. R. 1976 S. C, 2534. It is further contended by the Id. Advocate General that, in any event, such a degree of Bachelor of Laws is not of such specialised and technical nature as is likely to help the employee in discharging his duties in a better or efficient manner. 5. BOTH the contentions thus raised by the Id. Advocate General have been seriously contested by Mr. Mukherjee appearing on behalf of the respondents nos. 1-5. According to Mr. Mukherjee, the term 'post-graduate' is capable of two interpretations - one wider and the other restricted. In the wider connotation, according to Mr. Mukherjee, it may mean any degree which can be obtained only after graduation, that is, a degree which can be obtained on studies which can be undertaken only after graduation in Arts, Science or Commerce. In the narrower connotation the same term may mean a degree on studies next higher to the graduation course in the same discipline. Mr. Mukherjee, it may mean any degree which can be obtained only after graduation, that is, a degree which can be obtained on studies which can be undertaken only after graduation in Arts, Science or Commerce. In the narrower connotation the same term may mean a degree on studies next higher to the graduation course in the same discipline. Mr. Mukherjee contends that in the context of the Rule the term should be given the wider connotation because in the same Rule the same term has been used with reference to the diplomas as well some of which are Under the University curricula not in the same discipline though considered as higher studies after graduation, as for example, the diploma in librarianship, journalism or social welfare. Reliance has been placed by Mr. Mukherjee on the Calcutta University act and Ordinances, statutes and Regulations framed thereunder to show that in the Calcutta University study of law for Bachelor's degree is post-graduate study and there is no provision for under -graduate study in law in the University Regulations. Hence, according to Mr. Mukherjee, the term 'post-graduate degree' has been rightly interpreted by the Id. trial Judge to mean and include the LL. B. degree. So far as the second point raised by the Id. Advocate General is concerned, it has been contended by Mr. Mukherjee that, since the respondents are serving in a court of law, the LL. B. degree obtained by them must necessarily be considered as a specialised degree which helps them in discharging their duties in a more efficient manner. Precisely for this reason, the counsel for the State conceded this point before the Id. trial Judge. 6. IN their contentions before this court both the Id. Advocate General and Mr. Mukherjee are agreed that the id. trial Judge was right in his view that in order to attract the particular clause in the Government order three conditions are to be fulfilled, namely, (i) the incumbent must possess a postgraduate diploma or degree, (ii) which must be of specialised or technical nature and (iii) which again must amount to an added qualification for the due discharge of his official duties. One of us had some doubt as to whether the two further qualifications as in (ii)and (iii) above have any application to post-graduate degree. That doubt arose due to an unfortunate ambiguity in the terms of the sanction itself. One of us had some doubt as to whether the two further qualifications as in (ii)and (iii) above have any application to post-graduate degree. That doubt arose due to an unfortunate ambiguity in the terms of the sanction itself. In the principal clause the qualification of specialised knowledge of technical nature goes by diplomas only and not by degrees. That was the reason which led to the doubt But this doubt stands resolved when it is found that the issue was referred back to the Committee on whose recommendation the above sanction was made and the Committee on May 18, 1977, expressly clarified the position by saying "post-graduate degree which is considered to improve the effectiveness of the incumbent. " Therefore, 'any and every post-graduate degree or diploma will not count. Such a degree or diploma must also fulfil the two other requirements as above. At this stage we may conveniently dispose of the second point raised by the Ld. Advocate General. According to him, assuming LL. B. degree to be a post-graduate degree, that is not a degree which confers any specialised knowledge of technical nature which can be said to be an added qualification for the due discharge of normal duties by the claimants in the present case. On this point we feel no hesitation in agreeing with Mr. Mukherjee that such a contention cannot be accepted. Certainly study of law leading to the LL. B. degree enables those, who had under gone such study, to acquire specialised knowledge on the special subject of law and such knowledge again would certainly improve the effectiveness of the employees who are expected to discharge their duties in court involving administration of law. For this reason perhaps, the Id. counsel for the State fairly conceded this point before the Id. trial Judge. We, therefore, find no substance in the second point raise by the Id. Advocate general. 7. NEXT we proceed to consider the main point of controversy between the parties, namely, whether the L. L. B. degree can be said to be a post-graduate degree within the meaning of the Government sanction. On this point we fee inclined to agree with the Id. Advocate General that unless compelled to do otherwise, the term should be interpreted having regard to its usual connotation as it prevails in the academic world. On this point we fee inclined to agree with the Id. Advocate General that unless compelled to do otherwise, the term should be interpreted having regard to its usual connotation as it prevails in the academic world. Such a term is normally used in academic world to mean a degree which is conferred on studies higher than the graduation course in the same discipline. The mere fact that in a particular University one does not become entitled to study a particular discipline as in the case of law unless one had attained particular standard of maturity by passing a graduation course in arts, Science or Commerce, does not render the lowest degree course to be a postgraduate course. The degree obtained on study of such a course is undoubtedly the lowest degree at the graduate level and not at the post-graduate level. When the term 'post-graduate degree' has acquired such a connotation and is commonly used as such in the appropriate circle, we shall be fully justified in thinking that the State Government in according the disputed sanction adopted the same meaning and used the term to convey the same sense. This view oil ours finds support from the decision of the Supreme Court relied on by the Id. Advocate General where the Supreme court observed "by 'post-graduate degree' is meant a Master's degree like the M. A. or m. Sc. and not a Bachelor S degree like the b. T. In other words, the expression connotes the successful completion of a course or studies at a higher level in any speciality after the acquisition of a basic qualification at the graduate level. The B. T. course of studies, we are informed, is open only to graduates and in a dictionary manner of speaking, the degree of "bachelor or Teaching" may be said to be a 'post' graduate degree in the sense that the degree is obtainable only 'after' graduation. That is the sense in which the word "post" is used in expressions like "post-nuptial", "postprandial", "post-operative", "post-mortem" and so forth. In these expressions, "post" means simply "after", the emphasis being an the happening of an event after a certain point of time. But the expression "postgraduate degree" has acquired in the educational world a special significance, a technical content. That is the sense in which the word "post" is used in expressions like "post-nuptial", "postprandial", "post-operative", "post-mortem" and so forth. In these expressions, "post" means simply "after", the emphasis being an the happening of an event after a certain point of time. But the expression "postgraduate degree" has acquired in the educational world a special significance, a technical content. A Bachelor's degree like the B. T or the L. L. B. is not considered ho be a post-graduate degree even though whose degrees can be taken only after graduation." 8. MR. Mukherjee has contended that though such would be the usual connotation of the term 'post-graduate degree', that term is capable of a different and wider connotation too and in the context in which it has been used in the present case, it must have been intended to be used to convey the wider connotation. According to Mr. Mukherjee, the term 'post- graduate' may mean that which is subsequent to graduation and that need not be in the same discipline. Therefore, according to Mr. Mukherjee, when none can go for study of law without being a graduate in arts, Science or Commerce, the study of law is post graduate study and the degree obtained on such study is a post- graduate degree. Mr. Mukherjee has invited our attention to the fact that the term 'post-graduate' has been used with reference to both diplomas and degrees. He has contended that there are certain disciplines like the librarian ship, journalism, social welfare etc. where the university permits study only after graduation in Arts, Science or Commerce resulting in obtaining diplomas therein. According to Mr. Mukherjee, possession of such diplomas cannot but be considered to be post graduate diplomas for entitlement of the benefit under the Government sanction under consideration as and when the other conditions are fulfilled. Hence, according to Mr. Mukherjee, when the term 'postgraduate' in its reference to diplomas means and includes a diploma obtained on further studies after graduation but not in the same discipline, the same meaning should be attached to the term 'post-graduate' when used with reference to the degree. Though such a contention appears to be attractive on its face, in our view, it does not stand to scrutiny. Though such a contention appears to be attractive on its face, in our view, it does not stand to scrutiny. Under the university Regulations there are two types of diplomas which go by the name of postgraduate diplomas, namely, (i) those obtained on further study after graduation in lire same discipline e. g. diploma courses in medical and Engineering faculties and (ii)those obtained on specialised subjects for which there is neither any graduate or under- graduate course of studies but nonetheless are considered as further studies on graduation in Arts, Science or Commerce. The mere fact that the latter category of diplomas are considered to be post-graduate diplomas, there is no reason to think that even where the Regulation contemplates and provides for a graduate or an under- graduate course along with post graduate course therein, a degree or diploma obtained on such studies would also be post-graduate degree or diploma only because the Regulation does not permit taking up of such courses prior to graduation in Arts, Science or commerce. In the academic world the diplomas of the second category as above go by the term 'postgraduate diploma' obviously because they are considered to be further studies at higher level on the original discipline of either Arts, Science or Commerce but not a graduate degree in a discipline which provides for both graduate and postgraduate courses. 9. NEXT Mr. Mukherjee has strongly relied on the different provisions of the calcutta University Act and the Ordinances, statutes and Regulations framed thereunder to show that in the Calcutta University there is no faculty for under- graduate studies in the discipline of law. On the contrary, law is incorporated in the group of faculties for post-graduate studies. Relying strongly on this provision it has been contended by Mr. Mukherjee that when study of law has got the statutory recognition of being post-graduate study, there is no reason why the degree obtained on such study should not be accepted as a post-graduate degree. The simple answer to this contention of Mr. Mukherjee is that the meaning of the term 'post-graduate studies' is different having been defined to mean "studies for admission to which the necessary qualification is a bachelor's degree or its equivalent "the provisions relied on by Mr. Mukherjee are not intended to evaluate the course or determine the status of the degrees conferred. Mukherjee is that the meaning of the term 'post-graduate studies' is different having been defined to mean "studies for admission to which the necessary qualification is a bachelor's degree or its equivalent "the provisions relied on by Mr. Mukherjee are not intended to evaluate the course or determine the status of the degrees conferred. They are meant to set up an administrative structure to provide for smooth running of the University and its different organs of studies. For that purpose, all studies, which can be taken up only after graduation, irrespective of the status or standard of that study, are grouped together and put within the group of faculties for post-graduate studies. We think it will be a mistake to hold that, when law is taught in the University Under the control and supervision of a faculty which has been put in the group of post-graduate faculties, that would render the Bachelor's degree in law to be a post-graduate degree. 10. FOR these reasons, we are unable to accept the contention of Mr. Mukherjee that the term 'post-graduate degree' as used in the Government sanction should be interpreted to mean anything other than what is understood by people in the academic world. This position becomes clear as and when we refer to the report of the committee presided over by Shri Ajay mukherjee whose recommendation being accepted, was being implemented by the government sanction. The material part of the Committee's recommendation is to be found at page 23 of the report and it reads as follows :- There is provision under the State government existing Rules for giving certain incremental benefits to people with higher qualifications like Ph. D., D. Sc., M. R. C. P., F. R. C. S., M. R. C. O., M. D. U. O., M. S. and D. O. M S. M. Tech. etc. in teaching line and also in medical, engineering and other service. D., D. Sc., M. R. C. P., F. R. C. S., M. R. C. O., M. D. U. O., M. S. and D. O. M S. M. Tech. etc. in teaching line and also in medical, engineering and other service. We would like to recommend that to attract men of quality and also for removing frustration the Government should think of giving three incremental benefits for those who acquired specialised knowledge of technical nature by obtaining post-graduate diplomas of recognised Universities and six incremental benefits for post graduate degrees of recognised Universities subject to the condition that these incremental- benefits should be available once in their career who have not got it at the time of' entry, may get it as soon as those post-graduate qualifications are obtained or who have obtained earlier. " used in the context of degrees specifically deterred to, the Committee really meant and intended that the term 'post-graduate degree' would Include those degrees which are obtained after graduation on studies of a course higher than the graduation course in the same discipline which provides for both graduate and post -graduate courses of studies. It is very clear from the recommendation of the Committee itself that the committee never intended to use the term post-graduate degree' in the wider sense as contended for by Mr. Mukherjee The committee was merely extending the same benefit which had earlier been given to some of the branches of employment under the State Government to others but only on the basis of higher qualifications above the graduation level 11. IN the result, accepting the contention of Id. Advocate General we hold that the term 'post-graduate degree' in clause (iii) the aforesaid Government sanction cannot mean and include LL. 6. Degree and the respondents Nos. 1-5 are not entitled to the benefit thereof only because they possessed such a degree. We are, therefore, unable to sustain the view taken by the Id. trial Judge. 12. BEFORE disposing of the appeal, we must deal with an incidental objection raised by Mr. Mukherjee regarding the maintainability of the appeal. Though not seriously, Mr. Mukherjee has contended that when six petitioners jointly moved this Court on a writ petition and obtained the Rule which was made absolute by the order under appeal, one of them, namely, Samar Kumar samanta, having been left out, the Stale cannot maintain the appeal. Mukherjee regarding the maintainability of the appeal. Though not seriously, Mr. Mukherjee has contended that when six petitioners jointly moved this Court on a writ petition and obtained the Rule which was made absolute by the order under appeal, one of them, namely, Samar Kumar samanta, having been left out, the Stale cannot maintain the appeal. We do not know how one of the petitioners in whose favour the Rule was made absolute was so left out. But, In our view, each of the petitioners in the writ petition was enforcing his own legal right. They might have joined together to move one application, but that does not stand in the way of the State government to challenge the claim of cine or more to the relief put forward and obtained on such a writ petition. Moreover, the Government order impugned purports to set aside two orders of the Id. District judge the person left out does not come within the first of the orders of the Id. District Judge although all the present respondents are covered thereby. Hence, we think that, though it was improper on the part of the appellant to leave out one of the petitioners, that would not affect the maintainability of the appeal as against the rest. The appeal, therefore, succeeds and is allowed. The impugned order, in so far as it is in favour of the respondents Nos. 1 - 5, is set aside and the writ petition to that extent is dismissed. 13. THERE will be no order for costs in this appeal. 14. SINCE the circumstances lead us to doubt that the omission of one of the parties from the memorandum of appeal presented by the State Government is not really accidental nor based on any other reasonable cause of allied nature, we direct the Id. Registrar, Appellate Side of This, court, to send a copy of this order of ours to the Legal Remembrancer for information and taking such other action as the Government may think fit and proper. Though we have set aside the order of the Id. Registrar, Appellate Side of This, court, to send a copy of this order of ours to the Legal Remembrancer for information and taking such other action as the Government may think fit and proper. Though we have set aside the order of the Id. trial judge and held that the aforesaid petitioners respondents are not entitled to the benefit under the Government sanction, sill, as there was some ambiguity as to the content of the sanction, we would only desire that the Government would condone over payments made and exempt recovery thereof, as otherwise realisation of such over payment may be a great financial burden to the petitioners-respondents. Mr. Ghose prays for stay of operation of this order. The prayer is refused. 15. LEAVE to appeal under Article 134a of the Constitution is prayed for and is refused. Certified copy of this order be supplied to either of the parties within one week from the date of the application.