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Judgment
Bhagagati Prasad Banerjee, J.—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.
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.
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.
That it has further been contended in para.12 of the said petition that the eligibility criteria of 6/13 years of service of getting higher scales has also been quashed by this Hon''ble Court in another judgment which was registered as Matter No. 590 of 1986 and by a judgment and order passed by the Hon''ble Monoranjan Mullick J. (as His Lordship then was).
That in terms of the said order the Government has issued a Memo being No. 7813-FS / Con/RN/8A-53/ 83 dated September 11, 1991, which has been annexed as Annex. ''H'' to the writ petition at p. 59 of the writ petition. The ratio of the said judgment is also applicable in the Petitioners.
It may be mentioned in this connection, that on enhancing the cadre strength of the service, namely West Bengal General Service & West Bengal Civil Services (Judicial), the Government has re-distributed the cadre strength in the ratio of 6:3:1 which has been contended in paras. 20 and 21 of the writ petition which related to West Bengal General Service and West Bengal Civil Services (Judicial) and the same has been stated in paras. 20 and 21 to the writ petition.
The denial of benefit sought for in the writ petition in the form of passive silence in spite of repeated demands made by the Petitioner. Association is a positive denial not only of the Petitioner''s demand but also denial of equality clause as enshrined in Articles 14 and 16 of the Constitution of India. The scale benefit has got a direct relation to the career growth of the incumbent of the Petitioner cadres and extending similar benefits to the members of other services as stated hereinabove is a gross a front to the principles of justice, equality and fair play as embodied in our constitution by the provisions of Article 14 and 16 of the Constitution of India.
That it is well-settled principle that the executive cannot act arbitrarily and whimsically when a point is concluded by the decision of this Court, the benefit of the said judgment has to be given and/or implemented so that the benefit of the said judgment is extended to the fullest extent. In this case, in spite of directions given by this Court on September 25, 1992, no affidavit-in-oppositions have been filed and nobody appeared on behalf of the Respondents to oppose this writ petition. The matter was adjourned from time to time in order to enable the Respondents to appear to the Respondents did not contest the matter and, as such, the matter has to be decided on the basis of that the statement made in the petition are not controverter in view of the principle of non-traverse. This Court do not find any reason as $ � why the benefits which has been extended to other services, namely the West Bengal Food & Supply services in relation to eligible criterion and West Bengal General. Service and the West Bengal Civil Service (Judicial) for distributing the cadre post in the ratio of 6:3:1 should not be extended. If it is not done in that event it would be the case of hostile discrimination with regard to the said service. Accordingly the writ petition succeeds to the extent indicated above. There will be no order as to costs.