BANSANTA KUMAR RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was a Labour Officer under the Government of West Bengal. While serving in that post, the petitioner and two other officers, namely, Sm. Indira De, then an Assistant Labour Commissioner, and Sri D. P. Dutta, a Labour Officer, were appointed, by the Government of India, as Inspectors under the Employees' Provident Funds Act, 1952, by a notification dated July 23, 1952. The relevant portion of the notification is set out below :

(2.) THE promotion, to say the least, was tantalising because the petitioner was directed to continue as the Inspector under the Employees' Provident Funds Act and not to participate in the glories of the promoted post. The chair created for the petitioner thus remained awaiting for him. Now, the transfer of a Government servant from the parent department to another department outside the parent department, on deputation or otherwise, counts as foreign service. Rule 100 of the West Bengal Service Rules (Part I) under the heading 'foreign Service' reads as follows:

(3.) THE Government of India took into consideration the promotion of the petitioner as an Assistant Commissioner and re-fixed his pay in the deputation post accordingly. The letter written by the Government of India to the Central Provident Fund Commissioner, dated March 23, 1955 is set out below ; "i am directed to refer to your letter No. Adm. 2 (17) 55, dated the 14th 15th January, 1955 on the above subject and to say that the Government of India are pleased to sanction the reification of pay of Shri B. K. Roy, Provident Fund Inspector, West Bengal, at Rs. 250/ -p. m. in the scale of pay of Asstt. Labour Commissioner, West Bengal viz. , Us. 250-25-850 with effect from the 22nd October, 1952 and up to the date, he would have actually continued to officiate as the Assistant Labour Commissioner in his parent office, but for his deputation under the Employees' provident Fund Organisation in the State.