KRISHNA CHANDRA SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The question that has arisen for my consideration in this application as to whether Tahasil peon is entitled to retiral benefit computed on the basis of past services. The following facts are not disputed.

(2.) In the Land Manual, Tahasildar used to be appointed for collection of land revenue, cess etc. The said Tahasildars were also not government employees and were appointed on contract basis. In terms of the said Land Manual, Tahsildars were entitled to appoint Tahasil peons subject to payment of a minimum sum. It is not and could not be the case of the petitioner that the Tahasildars or that the Tahasildar peons were appointed by the State upon following the recruitment rules and in compliance of the provision of Article 16 of the Constitution of India.

(3.) However the State Government adopted a policy decision in the year 1984 in terms whereof the Tahasildars were absorbed and re-designated as Bhumisahayaks. Some of the Tahasil peons appointed by the Tahasildars are said to have been absorbed. In one of the case, Paritosh Mukherjee, J.-held that Tahasildars were not entitled to get the benefit of their service when they has been acting as agent of the State and not as its employees. However, the said decision was later on departed from by other learned single Judge of this Court. In one case reported in 1993 (2) CLJ p. 330 in Tahasildar Mohorar Kalyan Samity v. The State of West Bengal, it was held by a learned single Judge of this Court that the Judgment of Justice Paritosh Mukherjee, although would operate as res judicata, but the State in view of the subsequent judgments, must be deemed to have weighed the said question. In one of my judgments, Jamaludin v. State, I have disagreed with the said view, keeping in view the first judgment passed by Paritosh Mukherjee, J and upon taking into consideration a large number of Supreme Court decisions and the decision of the Patna High Court. Reference in this connection may be made to 1994 vol.2 SCC 630, 1973 vol. 3 SCR 937, 1972 vol. 2 SCR 799 and AIR 1995 SC 586.