S.B. Sinha, J. - (1.) This application is directed against a judgment and order dated 12.5.98 passed by the West Bengal State Administrative Tribunal in Case No. O.A. 440/97 whereby and whereunder the application filed by the petitioner herein was dismissed.
(2.) The basic fact of the matter is not in dispute.
(3.) The petitioner was appointed in the West Bengal Health Service. Upon coming into force of the West Bengal Health Service Act, 1990, the petitioner opted in favour of West Bengal Medical Service in terns of Section 12 thereof and in terms of a memorandum dated 18.2.92. Although the petitioner exercised his option on 23.9.92. by a notification dated 25.2.92 he was declared to have been absorbed with effect from 21.3.92. According to the petitioner, he should have been absorbed with effect from 25.5.90. He thereafter filed a writ application, inter alia, questioning the said notification which was marked as C.O. No. 1778(W) of 1992.;