Govt. of West Bengal during the period took initiative to unify/merge the Jr. Tier with the corresponding state Tier and for such West Bengal Jr. Civil Services & 5 Ors were merged/unified with their corresponding Sr. Tier and later Govt. Suo-moto merged/unified 2(two) more services with their respective Sr. Tier leaving the only constituted cadre West Bengal Audit & Accounts Services. The West Bengal Audit & Accounts Service was then in existence and due to arbitrary decision at the material time, the process to unify/merge the West Bengal Jr. Audit & Accounts Service with its Sr.Tier since 1981 was pending.
Later the same was frustrated after a long passage of time in the legal battle in the year 1994 and approx. Court in the S.L.P filed by other corner, allowed the same with a hope to show the authority of merger / unification of services vesting with State Government.
Thereafter, after a prolong period, Finance Deptt. Issued order / Notification in the year 2001 merging the service prospectively. In the meantime out of 3(Tier) in West Bengal Audit & Accounts Services one higher tier was declared as dying cadre and hence only two tiers were left in similar manner as were incase of 8(eight) other state services. Hence Govt. Felt its necessity of merger and accordingly with representation of majority of Associations members of West Bengal Audit & Accounts Services Cadre, Govt. Unified / merged the two tier services in one tier by extending the earlier Govt. Policy of unification of services.
It is reiterated here that despite the fact was there for merger of services, 3 sets of OAs.were filed before the Hon’ble S.A.T against such Notification issued by Finance Deptt.
Three sets of OA’s details are given below :All the above cases were filed at the behest of Higher & State Audit & Accounts Services Association. Our Association already submitted its all oppositions and replaces and brief arguments as desired by Hon’ble S.A.T.
The 3 sets of O.As are now pending for final hearing before the Hon’ble S.A.T at Bench No. 1 and the next date has been fixed for final hearing on 13.12.2011
Cases heard on 13/12/2011 before special bench. Our advocate argued showing current case refference. Judgement has been fixed for delivering for 16.01.2012.
Judgment delivered in three OA on 16/01/2012 by the hon’ble S.A.T. & the three applications has been dismissed as there is no merit in the respective applications. There Lordships were further pleased to vacate all the interim orders granted earlier in the respective cases. ......................................................................................................................................... LEGAL In view of the judgement of Hon'ble West Bengal Administrative Tribunal in respect of the 3(three)0.As on 16.01.2012, three sets of Appeals were prefered by those three opposite parties before the Hon"ble High Court at Calcutta and 3(three) nos of Appeals viz., COST 2 of 2012,WPST 178 of 2012 and WPST 319 of 2012 are pending before the Hon'ble High Court. The Different times the appeals were filed by the opposite Parties and after clubbing together all those three sets of appeal were lastly heard on 11.12.2012 by the Hon'ble High Court at Court no. 17 and the same have been fixed for hearing and will come up in the list in the Month of February,2013. our efforts on to pursue the cases and any time those cases may come in the list. In the mean time cases all came up for hearing but non were present on behalf of the appellants and upon call the cases were sent out of list. We are to follow regularly the cases. S. Naskar (President)
