LAWS(CAL)-1975-11-7

SUKUMAR BANDYOPADHYYAY Vs. STATE OF WEST BENGAL

Decided On November 13, 1975
SUKUMAR BANDYOPADHYYAY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE subject matter of challenge in this application under Article 226 of the Constitution is the order dated 16th of November 1973 issued by the Commissioner and Secretary, Education department. The said order stated as follows :

(2.) ALONG with the said order the statement of employees of the education Department whose leave was refused indicating their designation and period of leave refused was attached. The number of employees involved in that statement were 64. This is an application by 50 of those employees. The main question involved is the validity of the consequences visited upon these employees for non-attendance of office on 27th of July, 1973. In order to appreciate the questions it would be necessary to refer to certain facts. It appears that on 20th of July, 1973 the Chief Secretary to the Government of West Bengal issued a circular to the following effect:-

(3.) DUE to break in service, the period of the year before the break cannot be taken into account for the purpose of counting the year which would have been completed on or after 26. 8. 70. A new cycle of a completed year of a service will commence from 29. 8. 70 for the purpose of admissibility of half-pay leave under Rule 173 (a) of W. B,s. R. Pt. I.