SK. BASHIAR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has prayed for absorption as Rent Collector in the Office of the Board of Waqf, West Bengal (for short "the Board ") and to allow periodical promotions, incremental benefits as well as retiral benefits including pension.

(2.) The writ petitioner claims to have been appointed sometimes in the year 1989 as Rent Collector in the office of the Official Mutawalli and is presently working under the Direct Management Sec. of the Board as a Rent Collector. The then Chief Executive Officer of the Board allowed the scale of pay of Rs.3350.006325 to the petitioner with effect from 1/4/1997. It is the further case of the writ petitioner that the Board approached the Government on several occasions for absorbing him to the post of Rent Collector but no positive response came from the end of the Government. In the meantime, the Governor was pleased to approve the creation of 52 additional posts for the Board including four posts of Rent Collector (LDA) by a Government order no. 558-MD dtd. 11/4/2008. After creation of such posts, the Board in its meeting held on September 5th, 2008 resolved that the writ petitioner be absorbed against the posts of Rent Collector (LDA) with grade pay with effect from 1/9/2008 as per the rules and regulations of the Board.

(3.) The Chief Executive Officer of the Board by a letter dtd. 6/3/2009 sought for administrative approval for absorption of the writ petitioner under the regular establishment of the Board from the Secretary, Minority Affairs and Madrash Education. The writ petitioner, by a letter dated May 31st, 2011, requested the Chief Executive Officer of the Board to take immediate action for his absorption and to grant all service benefits in accordance with law. The writ petitioner alleges inaction on the part of the respondent authorities.