HEALTH SERVICE ASSOCIATION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Health Service Association, West Bengal (for short the 'writ Petitioner' hereinafter), is an association of persons belonging to the West Bengal Health Services, Government of West Bengal, registered under West Bengal Societies Registration Act, 1963, is the writ Petitioner. The object of the writ Petitioner, inter alia, states in the manner following: safeguard the interest of the Health Service officers, to encourage healthy atmosphere and social co -operation amongst the members and the public, to improve the standard of medical education, to establish and maintain good relations with fraternal organisations in the country, - to promote advancement of medical science and research amongst the members and to arrange conferences and meetings relating to the members' interest etc.

(2.) Any Medical Officer of Health Services is eligible for membership of the writ Petitioner. No formal order of recognition was necessary as would be evident from the relevant correspondence between the writ Petitioner and the Respondents. The facts of the case, in brief, are stated hereunder.

(3.) By an order issued, vide memo No. H/MA/1749/85 - -10/88 dated April 30, 1988, two posts, i.e. Director of Medical Education, West Bengal, and Director of Health Service were created in the scale of Rs. 2500 to Rs. 2750 with the intent of giving re -employment to Dr. K. Bhalta -charyya for brevity, Respondent No. 4 hereinafter, the Director of Health Service who was due to retire on that very date, i.e. on April 30, 1988, when the aforesaid order was issued. By Notification No. Health/MA/1755/85 -10/88 dated May 2, 1988, the Respondent No. 4 has been re -employed as Director of Medical Education, in addition to his own duties, as Director of Health Services with effect from the same date of his retirement thus depriving many incumbents capable of holding the said post of Director of Medical Education. The new post of Director of Medical Education has been created when the Respondent No. 4 was superannuated but surprisingly was reemployed depriving a numerous suitable Medical' Officers available in the West Bengal Health Services in clearest deviation of the principles laid down in the Government Order No. Estt/7012/Admn/IP -69/66 Pt. I dated December 21, 1967.