- (1.) THIS application under Articles 226 and 227 of the Constitution of India is at the instance of the unsuccessful applications under section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the "act") and is directed against the order dated December 12, 2003 passed by the State Administrative Tribunal thereby rejecting the said application under section 19 of the Act filed by the petitioners.
(2.) BY the application under section 19 of the Act, the writ petitioners challenged the order dated July 15, 2002 passed by the Special Secretary to the Government of West Bengal whereby the earlier orders dated 10th August, 2001 and 18th September, 2001, by which the writ petitioners were given appointment to the posts of District Mass Education and Information Officer and the re-designated post of District Extension and Media Officers respectively, were declared to be nullity and the writ petitioners were directed to hold the temporary posts of Mass Education and Information Officer and to return the excess payment of remuneration.
(3.) THE facts giving rise to filing of the present writ application may be summed up thus: (a) The writ petitioners were working as Social Welfare Officers in the department of the Health and Family Welfare, Government of West Bengal and at that point of time on 30th of October, 1972, an advertisement was published by the Public Service Commission of West Bengal, inviting applications for appointment to the 18 posts of Mass Education and information Officer, District Family Welfare Bureau. (b) The writ petitioners applied for those posts and they along with other applicants were asked to appear before the Selection Committee, the Public service Commission. On January 6,1972, upon the application of the some of the senior educators before this Court under Article 226 of the Constitution of India, a civil rule being C. R. No. 708 (W) of 1972 was issued and an ad interim order was passed restraining the State-respondents from giving appointment to those posts. On 8th February, 1977, the said Rule, however, was discharged and consequently, the interim order was vacated. (c) After the discharge of the said rule, the writ petitioners and others were recommended by the Public Service Commission and they were offered appointments to the posts of Mass Education and Information Officer in the pay scale of Rs. 375-650/- and were asked to express their willingness to accept the said offer. The writ petitioners on March 19, 1978 expressed their willingness to accept such appointments. (d) On June 7, 1978, the Joint Director of the Health and Family Welfare informed the Assistant Secretary of the said department about the police verification report and the result of medical examination of the writ petitioners. In spite of preparation of panel by the Public Service Commission, no posting order having been issued, the writ petitioners and others made representations to the Hon'ble Minister-in-Charge and the Hon'ble Chief minister. (e) By an order dated 15th December, 1978, the Deputy Secretary, government of West Bengal, Department of Health and Family Welfare abolished the 18 posts of the District Mass Education and Information officer. (f) In the month of January, 1979, a writ application was moved against the abolition of 18 posts of District Mass Education and Information Officers and for non-posting of the petitioners and others to the posts of District mass Education and Information Officer. On such application, a civil rule being C. R. No. 75 (W) of 1979 was issued by a learned Single Judge of this court. On 4th January, 1979, the Central Government re-designated the posts of District Mass Education and Information Officer as the District extension and the Media Officer. (g) On 2nd November, 1985, an advertisement was published by the Public service Commission, West Bengal inviting applications for the said post of district Extension and Media Officer. On 11th December, 1985, a writ application being C. O. No. 17457 (W) of 1985 was moved before a learned single Judge of this Court challenging the order of abolition of the post of district Mass Education and Information Officer and the advertisement dated 2nd November, 1985 inviting applications for the post of District Mass education and Information Officer. (h) A. K. Sengupta, J. on 23rd December, 1988 disposed of all the pending writ applications being C. 0. No. 117457 (W) of 1985, C. R. No. 75 (W) of 1979 and C. R. No. 10329 (W) of 1982 thereby inter alia setting aside the order dated 15th December, 1978 and directing the respondents not to act upon the decision to abolish the posts of Mass Education and Information officer in the Department of Health and Family Welfere until the petitioners were absorbed with further direction to absorb the petitioners with retrospective effect. His Lordships further directed that no appointment should be made to the post of the District Extension and Media Officer (the re-designated post of Mass Education and Information Officer) by way of direct recruitment or otherwise. His Lordship further ordered that if anyone had already been selected in terms of the advertisement made, he might be absorbed in other similar posts without affecting the right of the writ petitioners in any way. (i) The State of West Bengal preferred a mandamus appeal against the aforesaid judgment passed by A. K. Sengupta, J. but the said mandamus appeal was ultimately dismissed for default and no attempt was made for restoration of the said mandamus appeal. (j) On 10th August, 2001, the Joint Secretary, Department of Health and family Welfare, Government of West Bengal, issued an order with the concurrence of the Finance Department appointing the writ petitioners to the posts of District Mass Education and Information Officer and subsequently, by order dated 18th September, 2001, the said Joint Secretary by a further order re-designated the writ petitioners as the District Extension and Media Officer. (k) Ten months thereafter, on 15th July, 2002, the respondent passed an order declaring that the earlier orders dated 10th August, 2001 and 18th september, 2001 were erroneous orders and as such, those should be deemed to be nullity and the petitioners were given fresh appointment in the post of mass Education and Information Officers at a lower scale of pay which was a non-existent post with further direction for recovery of the excess amount of salary already paid to them by virtue of the alleged erroneous order ear her passed. (1) Being dissatisfied, the writ petitioners filed an application under section 19 of the Act before the State Administrative Tribunal, which has been dismissed by the order impugned herein. ;