BISWANATH CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners herein challenged Government Order No. 250-F(LAW)/IN-186/96 dated 28th March, 2001 issued purportedly in compliance with the order dated 5th May, 2000, passed by this Court in W.P.S.T. No. 8 of 1998 before the West Bengal Administrative Tribunal in case No. O.A.-636/2001. By its judgment and order dated 10th April, 2002, the learned Tribunal disposed of the petitioners' said application by setting aside the impugned order and remanding the matter to the concerned authority for a fresh decision in accordance with the Rules and the judgments of this Court referred to in its order and in particular the judgment and order passed in W.P.S.T. No. 8 of 1998 and the order of the tribunal in O.A. No. 759 of 1996, after giving an opportunity of hearing to the representatives of the parties and/or the individuals, as the case may be.

(2.) Aggrieved by the aforesaid order of the learned tribunal, the petitioners have filed the instant writ application, inter alia, for setting aside the portion of the judgment remanding the mater to the authorities and also for a direction upon the respondents to declare the petitioners who had completed two years of service in the West Bengal Food and Supplies Services before 1st April, 1981 as confirmed in terms of Rule 5(b) of the West Bengal Services (Appointment, Probation and Confirmation Rules), 1971, and to pay the writ petitioners all service benefits which had been withheld on the ground of non-confirmation.

(3.) Briefly stated, the petitioners' case is that they were appointed in the cadre of West Bengal Food and Supplies Service on various dates from on or about the year 1973, through the Public Service Commission. According to the writ petitioners, during the period from 1966, when the aforesaid service was constituted till September, 1991, the provisions of the Training and Examination Rules, 1953, were not made applicable to the officers of the said cadre. Pursuant to a Memo dated 31st July, 1978, yearly increments were never withheld to the petitioners and the system of departmental examination was not implemented so far as the said cadre was concerned and the concerned authority had relaxed the application of the said Rules. It was the further case of the petitioners that they were not appointed on probation and as a result the provisions of the said Training and Examination Rules, 1953, relating to passing the departmental examination as a pre-condition for confirmation was relaxed in their case.