BIMAL KUMAR SUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Rule the petitioners, who are 18 in number, are challenging the order dated December 7, 1974 passed by the Assistant Secretary, Department of Food and Supplies, Government of West Bengal. By the said order, a copy of which is annexure 'D' to the petition, the services of the petitioners who were working on deputation under the Food Corporation of India (hereinafter referred to as "F. C. I.") were withdrawn and were placed at the disposal of the respective Directorates/Offices as indicated in the said order.

(2.) The case of the petitioners is that they were employees of the State Governmentin its department of Food and Supplies, after the F. C. I. was created under the Food Corporation Act, 1964 an agreement was entered into on the 26th November, 1966 between the State Government and the F. C. I. by which it was agreed, inter alia, that the State Government would entrust the F. C. I. with some of its functions and/or work involving reception, payments, purchase, storage, movement, transport, distribution and sale of foodgrains and other of food-stuff within the State of West Bengal on behalf of the Government of West Bengal. It was further agreed that the F. C. I. with certain exceptions, would take over all the officers and the staff of the State Government who were actually engaged in, these functions and absorb such officers and staff who would be taken over by it. Pursuant to the said agreement the petitioners along with other staff of the Food Department, numbering in all about 5000, were placed at the. disposal of the F. C. I. by the State Government for their appointment under the F. C. I. The petitioners were accordingly appointed in the services in the F. C. I. under separate letters of appointment as Assistants in different grades with effect from 12th December, 1966. Since then the petitioners have been working in the F. C. I. It is alleged that although there is a provision in the said agreement that those employees of the department of Food and Supplies of the Government of West Bengal who were sent on deputation to the F. C. I. would be absorbed in the services of the V. C. I., no steps were taken by the F. C. I. as contemplated under the said agreement, and the F. C. I. was following various discriminatory treatment between the staff directly recruited by the F. C. I. and the staff who were on deputation, like the petitioners, in the matter of promotion, appointment, seniority etc. It is alleged that as a result of this discriminatory treatment there was great resentment and discontentment among the staff who were working on deputation and various representations were made and agitations were started by the Union or Association of the Deputationist staff of the F. C. I., which is known as "Food Corporation of India Deputationist's Association, West Bengal." It is alleged that the petitioners are all active members of the said Union or Association and 13 of them are office-bearers of the said Union or Association. It is further alleged that the petitioners as members of the said Union or Association and 13 of them as office bearers of the said Union or Association had occasion to protest against, and they challenged in lawful Ways, the discriminatory and arbitrary orders passed from time to time by the F. C. I. against the deputationist staff. One of such steps taken by the Deputationist's Association is that it caused a suit, namely, Title Suit No. 1616 of 1974, to be filed in the City Civil Court, Calcutta, by the employee affected by an arbitrary and illegal order of promotion. In the said suit an order of injunction was obtained on the 6th December, 1974, restraining the F. C. I. from giving effect to the said order of promotion. It is alleged that the said order of injunction was duly communicated to the management of the F. C. I. on the same day in the evening, and immediately thereafter on the very next day, that is, on the 7th December, 1974 the impugned order was passed by the Assistant Secretary, Department of Food and Supplies, Government of West Bengal, withdrawing the services of the 18 petitioners out of 5000 employees sent on deputation. The petitioners have challenged the said order as mala fice as it has been passed on extraneous considerations and for oblique purpose.

(3.) The Rule is contested on behalf of the Food Corporation of India, the respondent No. 2, and also the State of West Bengal and the Assistant Secretary, Department of Food and Supplies, Government of West Bengal, the respondents Nos. 1 and 3 respectively. The case of the respondents is that the petitioners were and are Government servants and they have lien on their respective civil posts under the Government of West Beagal, and as such, the petitioners are liable to be recalled by the State of West Bengal. The stand taken by the F. C. I. is that the petitioners being on deputation the F. C I. has no other alternative but to release the petitioners as soon as they are recalled by the Government of West Bengal. The contention on behalf of the State of West Bengal is that, as the petitioners were sent on deputation they continue to be employees of the State Government, and under the West Bengal Service Rules an employee on deputation can be brought back to his parent department at any time during his deputation. In the affidavit-in-opposition filed on behalf of the respondents Nos. 1 and 3 it is stated that on administrative ground it was considered necessary to withdraw the services of the petitioners from the Food Corporation of India, and therefore, the order dated 7th December, 1974 was. issued for the repatriation of the petitioners.