ASSOCIATION FOR THE OFFICERS OF THE STATE AUDIT AND ACCOUNTS SERVICES Vs. STATE OF WEST BENGAL
LAWS(CAL)-1995-7-50
HIGH COURT OF CALCUTTA
Decided on July 06,1995

Association For The Officers Of The State Audit And Accounts Services Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

B.P. Banerjee, J. - (1.) In this writ application, the Petitioner prayed for: As writ in the nature of mandamus directing the Respondents, each one of them and/or their agents and/ or their servants to forthwith rescind, recall and/or cancel all orders, if any, by which the Respondents did not maintain in the ratio of 6:3:1 amongst the existing Scale Nos. 16, 17 and 18 respectively being available to your Petitioners' service and further not to take any steps pursuant thereto; A writ in the nature of mandamus directing the Respondents and/or their servants and/or their agents to forthwith to redistribute the available posts of your Petitioners' service in future in the same ratio of 6:3:1 amongst the existing Scale of Pay Nos. 16, 17 and 18 in the total available posts of the West Bengal Audit & Accounts Service in accordance with law: A writ in the nature of certiorari directing the Respondents, each one of them and/or their servants and/or their agents to bring into this Hon'ble Court all the records, which culminated in the denial of re -distribution of posts from time to time in the ratio of 6:3:1 as available in the existing Scale Nos. 16, 17 and 18 respectively in so far as your Petitioners' service concerned so that conscionable justice may be administered by quashing the same.
(2.) The relevant portions of the said judgment dated of December 22, 1988 are as follows: Let a writ in the nature of mandamus do issue commanding the Respondents Nos. 1 & 2 to grant all the scales, namely Scale Nos. 17, 18 and 19 as prescribed under the West Bengal Services (Revision of Pay & Allowances) Rules, 1981, to the members of West Bengal Audit & Accounts Services with effect from 1st April, 1981 and in the ratio of 6:3:1 in accordance with Finance Department Notification No. 5916 -F dated August 5, 1981, and no. 12560 -F dated October 12, 1983, in accordance with law and to grant incidental benefit within a period of three months from the date of this judgment. Rule is made absolute. There will be no order as to costs.
(3.) That it is contended on behalf of the writ Petitioners that since the judgment of this Court delivered on December 22, 1988 was on two fold full ground in that (a) as a matter of decision of this Court held that the cadre strength of the West Bengal Audit & Accounts Services should be distributed in the ratio of 6:3:1 and (b) the then existing strength of the service should be distributed as 171.86.28. The ratio of the said judgment is applicable with full force as and when the cadre strength of the said services has been enhanced due to administrative exigency and administrative policy.;


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