KAMAL SENGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Shri Kamal Sengupta and Shri Narayan Chandra Ghosh, the respondent Nos. 1 and 2 in W.P.S.T. No. 1 of 2002, filed a writ application, being W. P. No. 1547 of 1995, before this Court praying, inter alia, for a writ in the nature of Mandamus upon the State Government authorities to allow the writ petitioners the benefit of Scale Nos. 19 and 21 under the West Bengal Services (ROPA) Rules, 1990 after cancellation of the decision of the respondent authorities communicated under Memo No. 229/F dated 6th January, 1995, whereunder the petitioners were specifically excluded from the Career Advancement Scheme as recommended by the Third Pay Commission on account of their better promotional avenues and/or opportunities. With the formation of the West Bengal Administrative Tribunal the writ petition was transferred to the Tribunal and was renumbered as T.A. No. 826 of 1996.

(2.) In course of time the matter was heard by a Division Bench of the Tribunal and was dismissed on 25th February, 1997.

(3.) Being aggrieved by such decision the writ petitioners filed another writ application before this Court on 10th June, 1997 challenging the order of dismissal passed by the learned Tribunal on 25th February, 1999. The said writ petition was, however, dismissed by this Court on 2nd March, 1998, on the ground that in view of the decision in L. Chandra Kumar's case, this Court had no jurisdiction to entertain the said application. A Special Leave Petition was filed before the Hon'ble Supreme Court on 12th March, 1998, challenging the order passed by the Tribunal on 25th February, 1997, but the same was also dismissed allegedly on the ground that the proper remedy of the appellants lay before the West Bengal Administrative Tribunal where a review application should have been filed. Accordingly, the Special Leave Petition was dismissed as withdrawn on 4th September, 1998, on the prayer of the writ petitioners who are the appellants before the Hon'ble Supreme Court.