NISHI KANTA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner assails an order dated January 18, 2012 passed in O.A.-1732 of 2009.

(2.) By the impugned order, the Tribunal directed the authority to grant both 10 years and 20 years benefit to the writ petitioner with effect from 1989 and such benefit to be given on notional fixation with corresponding revision of pay according to existing rule and on the basis of revised basic pay. The retiral benefits and pension were also directed to be revised accordingly.

(3.) Learned Advocate appearing for the writ petitioner submits that, the promotion committee recommended the petitioner to be promoted to the post of Assistant Store Keeper/Sub-Inspector of Food and Supply. A criminal proceeding was initiated as against the writ petitioner in 1984. The same was quashed in 1995. The writ petitioner approached the Tribunal for the grant of promotion by way of OA-438 of 1998. Such original application was disposed of on July 13, 2000. The authorities were directed to grant the writ petitioner promotion to the post. Even, thereafter, such promotion was not granted. The writ petitioner thereafter superannuated from service. The writ petitioner approached the Tribunal by way of O.A.-2005 of 2005. Such original application was disposed of by an order dated February 5, 2009 by directing the authorities to consider such original application as a representation and to dispose of the same. An order dated April 30, 2009 was passed rejecting the representation. Aggrieved thereby, the writ petitioner approached the Tribunal where the impugned order was passed.