ASIS KUMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This writ application has been filed against the judgment dated 21st April, 1997, delivered by the West Bengal State Administrative Tribunal in case No. TA 1293 of 1996.

(2.) These 11 petitioners were recruited directly to State Forest Service in the month of March 1990. Respondents 4 to 19 to the original petition were promoted to the State Forest Service vide notification No. 940 dated 1.2.91. They were given retrospective seniority with effect from 31.12.90. It is not disputed that West Bengal Forest Service was constituted with effect from 31.7.1982. West Bengal Forest Service (Condition of Service) Rules, 1982, were also brought into force on the same day. According to Rule 3 ibid, determination of seniority in the service is to be governed by West Bengal Service (Determination of Seniority) Rules, 1981. According to Rule 6(2) of West Bengal Service (Determination of Service) Rules, 1981, "the promotee shall be enbloc senior to the direct recruits of the same year".

(3.) The petitioner have challenged the grant of retrospective seniority to respondents 4 to 19 by the State Government as arbitrary and contrary to service rules. The petitioner, therefore, prayed that the impugned notification be quashed and the State Government be directed to re-fix the seniority in according with law.