CHITTARANJAN TALAPATRA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a case of an employee who has been denied the full benefits of his service while on deputation to another department.

(2.) The Petitioner was holding the post of a lower division clerk at the scale of Rs. 35 - -Rs. 80, under the Jalpaiguri Collectorate, when in 1944 he was sent on deputation to the Civil Supplies Department. While on deputation, the Petitioner was promoted to the upper division at a scale of Rs. 80 - -Rs. 120. But when on April 7, 1963, the Petitioner was transferred to his parent department in the Collectorate of Jalpaiguri, he was placed in the lower division instead of the upper division in which he was acting in the department of his deputation. The Petitioner complained of this treatment and it resulted in an unfortunate and prolonged representation and correspondence, culminating in the impugned order of the Government of West Bengal (Respondent No. 1) at annex. A19 to the petition dated November 16, 1964.

(3.) By the impugned order, the Petitioner has been granted some of the benefits for which he had been urging but not all and that brings him to this Court. On principle, it has been accepted by the Government that the Petitioner should be recognised as an upper division clerk from the date when he would have been promoted on the basis of his seniority, had he remained in his parent department and his seniority in the cadre of upper division clerk has also been acknowledged on that basis.