NISIT KUMAR CHATTOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The writ petitioner has prayed for a writ of mandamus upon the Respondent Nos. 2 and 3 to revise his pay scale under ROPA Rule 1981 and in terms of the recommendation of the Third Pay commission and to pay him the arrear salary and to repatriate him to the parent concern i.e. the Respondent No.3 in a suitable post considering in long experiences in the managerial affairs.

(2.) His case is that Respondent No.3 West Bengal Forest Development Corporation has issued advertisement in Ananda Bazar Patrika inviting application for the post of Chemist, selected the petitioner as Chemist by office order dated 13.10.1978. It was indicated in that order that he would be posted at the factory of Alok Udyog Vanaspati and Plywood Ltd. (herein after referred to as AUPL) at Budge Budge. At the material time AUPL was taken over by the Respondent No. 3 as an authorised controller as per order of the Government of West Bengal. The petitioner in terms of the letter dated 9th September, 1978 of Shri P. K. Roy, Managing Director of the Respondent No.3 joined the post on 3rd October 1978. Since joining the post the petitioner is working at AUPL as a deputationist. Ultimately the AUPL has been transferred and vested in the State of West Bengal by the Alok Udyog Vanaspati and Plywood Ltd. (Acquisition and Transfer of Undertakings) Act, 1986. Then petitioner made several representations to grant him revised scale of pay under ROPA Rules 1981 but inspite of request the Respondent did not want to grant the petitioner the benefit of ROPA Rules 1981. Then the petitioner applied for his repatriation to Respondent No.3 but as no step was taken he has moved this Court for appropriate relief. The case of Gopal Adhikari, the driver was cited as a precedent for the claim of the petitioner for being repatriated to Respondent No. 3.

(3.) Respondent Nos. 2 & 3 contested the writ petition by filing an affidavit-in-opposition. Their case may be briefly stated as follows :- Shri Gopal Adhikari, Driver was never an employee of Alok Udyog Vanaspati & Plywood Limited. He belonged to West Bengal Forest development Corporation Ltd. and his service in AUPL were utilized by Respondent No.3. Therefore, comparing the situation of Shri Gopal Adhikari, Driver with that of Shri N. K. Chatterjee, Chemist will not be proper.