STATE OF WEST BENGAL Vs. SUDHAKAR BHANDARI

JUDGEMENT

(1.) The instant appeal is at the instance of the appellate State of West Bengal and Ors. and is directed against the judgment and order dated 16.12.87 passed by the learned single Judge of this Court in Civil Rule No. 2241(W) of 1980. By the impugned judgment and order the learned single Judge allowed the writ petition filed by the writ petitioner presently the respondent Sudhakar Bhandari, made the rule absolute and directed the State authorities to take immediate steps for treating the said writ petitioner as Sub-Assistant Engineer and further directed to pay all the service benefits to which he would have been entitled had he been treated as Sub-Assistant Engineer in terms of the Notification dated November 19, 1974 within a period of 12 weeks from the dated of communication of the said order.

(2.) In a nutshell the facts of this case are that the writ petitioner filed the writ application against the inaction on the part of the State authorities to term the writ petitioner as Sub-Assistant Engineer and action of the State authorities in conferring the benefit on a selected diploma holder engineer. The petitioner was appointed to the post of Mohurrior on 18.2.69 and thereafter promoted the post of Calculator on 18.9.72. His qualification as Diploma Holder in Engineering was recorded in the Service Book. The Government of West Bengal by the Notification No. 10303-F dated d 19.11.74 issued in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India amended the provisions of West Bengal Services (Revision of Pay and Allowances) Rules, 1970 and the said Notification dated 19.11.74 provided that in Schedule I Part B of the said Rules of 1970, the following amendments, inter alia, shall be made : "IV(ii): All Test Relief Officers and other Diploma Holder Engineers will henceforth be termed as Sub-Assistant Engineers". The West Bengal (Revision of Pay and allowances) Rules, 1970, as amended from time to time regulate the Pay and Allowances and other conditions of service and according to the amended Rules, 1970, the Diploma Holder Engineers are entitled to be termed as Sub-Assistant Engineers to get the benefits including Pay and Allowances of the said post.

(3.) It has been alleged by the writ petitioner that the Government of West Bengal has not termed him as Sub-Assistant Engineer nor he has been paid the allowances of the post of Sub-Assistant Engineer although under the provisions of the said amendment made by the aforesaid Notification dated 19.11.74, the State Government is under obligation to term the petitioner as Sub-Assistant Engineer and pay to him the Pay and Allowances of the post of Sub-Assistant Engineer in recognition of his qualification of Diploma in Engineering.