STATE OF WEST BENGAL Vs. GAUTAM KUMAR ACHARJEE

JUDGEMENT

(1.) Being aggrieved by the decision of the West Bengal Administrative Tribunal in O.A. No. 420 of 2005. The petitioners have approached before this Court Under Article 226 of Constitution of India. By the said order, the learned Tribunal allowed the application filed by the respondent and thereby directed the petitioners not to make any recovery which the petitioner enjoyed till 31st October, 2011. The respondents filed the original application before the Tribunal on the ground that the respondents' authority issued an order dated 18.12.2001 vide No. 2713/123 Pt. VII of the Chief Engineer, Public Works (Construction Board) Directorate, Calcutta withdrawing thereby the benefit of CAS of the applicant which was already allowed to the applicant in 1997. The applicant was not even served with any order of promotion prior to his availing of the said benefit in 1997. The applicant actually joined in the Public Works Directorate as a Lower Division Clerk on 12.06.1987. On 31st August, 1995 the applicant made an application to the effect that due to some of his family troubles, he would not be in possession to accept any promotion, which was accepted by the concerned authority. The department had given promotion to alt other deserving incumbents save an except the applicant. After satisfactory service consecutively for 10 years under the said directorate, an order was issued in favour of the applicant granting an additional increment to his pay with effect from 11.06.1997 under CAS, 1990. The directorate, by an order dated. 27th November, 1997 promoted the applicant along-with other in the rank of Grade III clerk with an order of posting at Barasat Sub-Division Public Works Directorate with immediate effect. And on basis of his prayer he was again transferred to the office of Chief Engineer Public Works Directorate, Calcutta.

(2.) The Finance Department of Government of West Bengal issued an order dated 13th November, 2000 to the effect that the employees who had willfully refused promotion within the span of 10 years, he would not be entitled to any benefit under CAS, 1990. On that basis, the Chief Engineer Public Works Directorate, Calcutta had issued an office order on 18th December, 2001 withdrawing thereby the said CAS benefit in respect of the applicant along with others. Though the applicant had never refused to accept promotion for which the applicant respondent approached before the Administrative Tribunal for quashing the order of recovery of the said amount which has already been paid to the applicant respondent as CAS benefit.

(3.) The State petitioner opposed the said application before the Tribunal by filing reply and also stated that a person after refusing/delaying promotion cannot get CAS benefit an avail promotion thereafter and in that case of the petitioner, the applicant hot only erroneously derived the benefit of CAS but also subsequently accepted promotion in a mala fide manner and to avoid such malpractice on the part of the employees the Government issued the circular and the authority on basis of the circular has passed the impugned order.