ASSOCIATION FOR THE OFFICERS OF THE W B AUDIT AND ACCOUNTS SERVICE Vs. W B AUDIT AND ACCOUNTS SERVICE ASSOCIATION

JUDGEMENT

(1.) The Audit and Accounts Department of the State of West Bengal consists of three services, namely, the West Bengal Higher Audit and Accounts Service (Higher Service) , the West Bengal Audit and Accounts Service (State Service) and the West Bengal Junior Audit and Accounts Service (Junior Service). The members of the Junior Service sought a mandamus form the Calcutta High court to the effect that the Junior Service and the State Service be merged and reconstituted as single service. A learned Single Judge of the High court allowed the writ petition and directed the merger of the two services with effect from 27/3/1971. The learned Judge further directed that after the unification of the two services, the seniority of the unified cadre be fixed with effect from 27/3/1971. Two appeals, one by the State of West Bengal and the other by the association of the officers were filed against the judgment of the learned Single Judge. A division bench of the High court dismissed both the appeals and upheld the judgment of the learned Single Judge. These appeals by way of special leave are against the judgments of the High court.

(2.) We have heard learned counsel for the parties: We have been taken through the judgment of the learned Single Judge, the division bench and other relevant material on the record. Learned Single Judge of the High court referred to the First Pay Commission Report wherein according to him the Pay Commission had recommended merger of the six services which were almost similarly situated as the two services before him. The learned Judge further noticed that in the West Bengal Food and Supplies Department and also in the west Bengal National Employment Department there were mergers of services under similar circumstances. Apart from that the learned Judge relied upon interdepartmental correspondence and came to the conclusion that the writ petitioners were entitled to the merger of the State Service and the Junior service into one unified cadre.

(3.) During the pendency of the appeal the division bench directed the State of West Bengal to file an affidavit clarifying its position. secretary to government, Finance Department, filed an affidavit dated 7/11/1990 wherein he stated that the State government had fully examined the question of merger of the two services and had taken a conscious decision to the effect that such merger was not in the interest of the administration. We have been taken through the affidavit wherein elaborate reasons have been given for rejecting the demand for merger of the two services. It is not open to the High court to go into the merits of the reasoning of the State Government. After going through the reasons given in the affidavit we are of the view that each one of the reasons given therein is cogent and the High court was wholly unjustified in not taking the same into consideration. The division bench became wholly oblivious ofthe affidavit filed by the Finance secretary and did not even notice the same in its judgment.