JUDGEMENT
Altamas Kabir, J. -
(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Petition was dismissed as withdrawn on 4th September, 1998, on the prayer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.;
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