SUKUMAR MUKHERJEE SYED ABDUL MEMON SAIBAL GUPTA RAM KISHAN DUTTA ROY HEALTH SERVICES ASSOCIATION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted in all the special leave petitions.

(2.) This group of appeals is directed against the decision of the High court dated 31/01/1992 dismissing the appellants' appeals against the verdict of the learned Single Judge in a group of writ petitions. Both the learned Single Judge and the division bench in appeal, by their decisions in question have upheld the validity of the West Bengal State Health Service Act, 1990 (the 'act') which was challenged mainly on three grounds, viz. ,

(3.) In order to appreciate the contentions of the appellants in this court, it is necessary to trace the history of the West Bengal Health Service and the events which have occurred till date which have a bearing on the said contentions. Prior to 1958, the Health Service of the State of West Bengal consisted of different cadres, viz. , (i) West Bengal Higher Medical and Health Services (Gr-I) ; (ii) The West Bengal Higher Medical and Health Services (Gr-II) ; (iii) The West Bengal Medical and Health Services including its Rural Branch; (iv) Gazetted Posts of Medical Officers not included in any of the above cadres; (v) The West Bengal Junior Medical and Health Services including its Rural Branch; (vi) Post of Licentiate Medical Officers not specifically included in the cadre of the West Bengal Junior Medical and Health Services but carrying the time scale of pay of that Service. It does not appear that these different cadres were constituted by rules made under Article 309 of the Constitution.