STATE OF WEST BENGAL Vs. PURNENDU SEN

JUDGEMENT

(1.) This is an appeal from the judgment and order of Hazra J. dated July 26, 1974, whereby the Rule obtained by the Petitioner Respondent on his application under Article 226 was made absolute. At the material time on or about December 30, 1957, the Respondent, who was an entomologist in the Directorate of Health Services, West Bengal, was working in the post of Professor of Medical Entomology, School of Tropical Medicine, Calcutta, on foreign service terms. The Government of West Bengal on the said date issued the following letter to the Director, the School of Tropical Medicine:

(2.) This letter was followed by the following letter dated May 13, 1959, issued by the Government of West Bengal to the Director of the Tropical Medicine:

(3.) The Respondent initiated a writ proceeding in the appellate side of this Court being C.R. No. 947(W) of 1965 for issuance of a writ in the nature of mandamus forbearing the Government from demanding Rs. 2,880-44 and directing them to give benefit of the revised pay scale from April 1, 1950, instead of May 14, 1953. At the hearing of the Rule, it is recorded that a representation was made by the learned Government Pleader to the effect that the Government had agreed not to enforce the demand for refund of deputation allowance. As to pay revision, the learned Judges held that there was no satisfactory explanation why for the Respondent a date other than April 1, 1950, (when the revision of pay rules came into effect) was selected. The Rule was, accordingly, made absolute by order dated January 10, 1967, cancelling the demand for Rs. 2,880-44 and directing the Government to give to the Respondent the benefit of the revised pay scale from April 1, 1950.