TUSHAR KANTI GHOSAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petitioner is aggrieved against the order dtd. 13/4/2015 passed by the Vice-Chancellor of Uttar Banga Krishi Viswavidyalaya (UBKV) regarding reversion of the present petitioner from the upgraded post of Lecturer (Teaching Post) to the post of Superintendent Technical (non-teaching post); and an order dtd. 21/6/2017 by the Additional Chief Secretary, Government of West Bengal whereby the petitioner's representation was rejected as having no merit to be governed under Sec. 57 of (UBKV) Act, 2000.

(2.) The brief facts of the case is that the present petitioner join the Bidhan Chandra Krishi Viswavidyalaya (BCKV) as a Technical Assistant Grade-II and placed in teaching wing of erstwhile North Bengal Campus. Subsequently, the petitioner was promoted to Technical Assistant Grade-I while continuing in his service of (BCKV) in the same Campus. The Uttar Banga Krishi Viswavidyalaya (UBKV) was established by the Uttar Banga Krishi Viswavidyalaya (UBKV) Act, 2000. The petitioner was transferred from BCKB to UBKV as did not opt to retain in the service of BCKV and his service was governed by the Clauses 53 and 57 of UBKV Act, 2000. In the year 2002 the petitioner was upgraded to the Superintendent (Technical) in UBKV. The petitioner made several representations before the UBKV Authority for upgradation to the post of Lecturer. The Registrar (Acting) of UBKV sent the file of the petitioner to the Department of Agricultural, Government of West Bengal. On 24/8/2009 the Government of West Bengal directed that its Agricultural Department has 'No Objection' for upgradation/re-designation of the petitioner to the post of Lecturer. The erstwhile Vice-Chancellor of UBKV, provisionally upgraded the petitioner to the post of Lecturer, Department of Agriculture Entomology, with effect from 1/6/2008. The petitioner joined the post of Lecturer on 23/9/2009. The provisional pay fixation order was issued by the UBKV and approved on 23/4/2010. On 10/4/2010, in 42nd Executive Council (E.C.) meeting, upgradation/re-designation of the petitioner to the post of Lecturer was ex-post-facto approved. The 42nd meeting of Executive Council (E.C.) stood confirmed in 43rd Executive Council (E.C.) meeting of UBKV. The petitioner wanted to intervene the election process of UBKV as Lecturer. The election tribunal vide order dtd. 19/9/2014 directed UBKV to delete the name of the petitioner from the Register of teacher as he is not a teacher. On 26/11/2014 the Vice-Chancellor of UBKV issued an order through which the petitioner had been reverted back to his earlier post of Technical Assistant. The order of the Vice-Chancellor was set aside by this Court in No. WP 32844 (W) of 2014 vide its order dtd. 19/1/2015. The Hon'ble Court also directed the University to proceed in accordance with law against the petitioner but without in any manner, making the order of election tribunal as the basis of any adverse decision against the petitioner.

(3.) The Vice-Chancellor issued show-cause notice to the petitioner, the petitioner replied the show-cause and after hearing, the Vice-Chancellor has issued the impugned order on 13/4/2015 whereby the petitioner was reverted back from the upgraded post of Lecturer to the downgraded post of Superintendent (Technical).