K P SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of Sinha, J., dated June 3, 1964, by which a rule nisi obtained by the appellant in a petition under Article 226 of the Constitution, was discharged.

(2.) The appellant who was in the Indian Administrative Service, held the Office of Additional Secretary, Finance Department of the Government of West Bengal. He was confirmed in that Office with effect from September 11, 1961, and his substantial pay was Rs. 2150 per month. He was due to retire from the Indian Administrative Service on October 31, 1961, but his service was extended upto December 31, 1961. He was granted refused leave for a period of four months from January 1, 1962, to April 30, 1962, and thereby his service was further extended by four months upto April 30, 1962.

(3.) By an order dated December 9, 1961, the appellant was appointed a Member of the Public Service Commission, West Bengal. It is to be noticed that this appointment was made while he was still holding the said Office of Additional Secretary to the Government of West Bengal in the Finance Department. The Notification by which the appointment was made is the Notification No. 5160-F/FIS-8 (81) 61 dated December 9, 1961. This Notification is expressed to be made by order of the Governor and is signed by K. K. Ray, Secretary to the Government of West Bengal. At the bottom of this Notification is set out the names of five Officers to whom copies of the Notification were forwarded. Immediately below these five names is set out a provision relating to the pay of the appellant, so long he would hold the Office of a Member. Public Service Commission, West Bengal. It is this provision appearing at the bottom of the said Notification which led to a controversy between the appellant, and the State Government, regarding the appellant's pay, and also provided the occasion for the writ petition, out of which this appeal arises. It is to be noticed, however, that the provision relating to the pay of the appellant appearing at the bottom of the Notification is not signed by K. K. Ray, Secretary to the Government of West Bengal, but is signed by a different person, namely, D. B. Biswas, who has put his signature "for Secretary to the Government of West Bengal". The Notification together with the writing at the bottom of it is annexure 'A' to the petition and is as follows: