SAROJ KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner was appointed as a lecturer in Chemistry in Nabadwip Vidyasagar College on 06th July, 1981, on leave vacancy, and continued till 17th July, 1984. Subsequently, he was appointed as lecturer in Vidyanagar College as a lecturer in Chemistry on 1st August, 1984, on a regular basis in a permanent post, through the College Service Commission. The writ petitioner initially moved this court praying, inter alia, for benefit of his three years service in Nabadwip Vidyasagar College between 06th July, 1981 and 17th July, 1984. By an order dated 6th October, 1993, that writ petition was disposed of with a direction upon the Director of Public Instruction to consider the writ application and after hearing the petitioner pass a reasoned order in the matter within a time frame as stated in that order. Consequently, the Director of Public Instruction passed a reasoned order observing, inter alia, that the previous service of the writ petitioner as a lecturer in Nabadwip Vidyasagar College, Nadia, for the period between 06th July, 1981 and 17th July, 1984, would not be taken into account for the purpose of protection of the petitioner's pay and/or for placing the petitioner in senior grade/selection grade scale/reader's post and accordingly disposed of the matter. This order of the Director of public Instruction dated 29th December, 1993, was challenged by the writ petitioner in another writ proceeding, being W.P. No. 494 of 1994, which was disposed of by an order dated 05th November, 1997, whereby the order passed by the Director of Public Instruction dated 29th December, 1993, stood quashed.

(2.) According to the writ petitioner, the order dated 5th November, 1997, passed in W.P. No. 494 of 1994, was accepted by the respondents and no appeal or review was preferred against the said order. In the meanwhile, alleging willful and deliberate violation of the said order dated 05th November, 1997, the petitioner filed a contempt application. During tendency of the contempt application, the Director of Public Instruction, West Bengal, issued a memo dated 30th June, 1998, addressed to the Principal, Vidyasagar College, wherein it was stated that the petitioner's past service as lecturer in Nabadwip Vidyasagar College could be considered for the purpose of pensioners benefits only. Subsequently, by another memo dated 18th November, 1998, the Director of Public Instruction, West Bengal, wrote to the Principal, Vidyanagar College asking him to treat the earlier memo dated 30th June, 1998, as cancelled. On 19th February, 1999, when the contempt petition came up for final hearing, the Court took note of a memo issued by the Director of Public Instruction dated 18th June, 1998, whereby it was intimated that the service period of the writ petitioner, between 06th July, 1981 and 17th July, 1984, was taken note for the purpose of calculating the said period as 'qualifying service'. The Court also observed that the contention of the writ petitioner for inclusion of the service benefit of 'Career Advancement Scheme' need not be gone into, but, if the petitioner was found otherwise eligible, then the department was to take care of it giving benefits to him. It was further observed by the Court that the three years period which was directed to be noted for the purpose of 'qualifying service' was to be included in the service book so that the petitioner was to get all service benefits at the time of retirement.

(3.) The writ petitioner has referred to a memo dated 17th January, 1997, and stated that it could be clear there from that the period of service rendered prior to regular appointment should be counted for the purpose of retirement benefits, provided, there was no break in service for more than three months. It has also been stated by the writ petitioner that though his pay fixation at Vidyanagar College was made taking into account his three years service at Nabadwip Vidyasagar College in terms of the memo dated 18th June, 1998, his pay at Chakdah College (where he is presently working) was not fixed on the basis of last pay drawn by him at Vidyanagar College. According to the writ petitioner, even though such proposal was submitted by Chakdah College way back in the year 2004, no action was taken by the respondent authorities, till as late as 11th April, 2011, when such proposal was rejected by the Director of Public Instruction, West Bengal, citing G.O. dated 26.11.2001, which has been brought on record by means of a supplementary affidavit affirmed by the writ petitioner on 06th June, 2011.