NALINAKSHA CHATTERJEE Vs. HOWRAH MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner has prayed for quashing the decision of the Mayor in Council of Howrah Municipal Corporation in its meeting held on 29/6/2015 holding that there is a break of service during the period from 28/1/1999 till 18/11/1999.

(2.) Petitioner claims to have been appointed as an Assistant Engineer under the Howrah Municipal Corporation (for short "the Corporation") on 27/11/1987. Pursuant to an advertisement published in the Employment News on 3/9/1994 inviting applications from the aspiring candidates to fill up the post of Executive Engineer (Roads and Bridges) on "transfer on deputation basis" (including short term contract), the petitioner applied for the post of Executive Engineer (Roads and Bridges) under the Ministry of Surface Transport, Government of India. The petitioner joined the post of Executive Engineer under the Ministry of Surface Transport (Roads Wing) on deputation basis for a period of three years or untill further orders with effect from 28/10/1998 vide the letter of appointment dtd. 28/10/1998. The Ministry of Surface Transport by a letter dtd. 17/3/1998 proposed to terminate the deputation of the petitioner with effect from 27/1/1999. After termination of such deputation, the petitioner joined Howrah Municipal Corporation in the post of Assistant Engineer vide order of Commissioner of the Corporation dtd. 18/11/1999.

(3.) The period from 28/1/1999 i.e., the date immediately after the date of termination of deputation till the date of appointment to the post of Assistant Engineer under the Corporation on 18/11/1999 was treated to be a "break in service". The reason for treating the said period as "break in service" was that the petitioner voluntarily resigned from the Corporation for joining the post of Executive Engineer under the Government of India, Ministry of Surface Transport.