SAROJ GOVINDA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner, who was not selected for the post of Joint Chief Inspector of Factories obtained this rule on 19th July, 1974. The Rule is also directed against the inaction for not communicating the adverse remarks or comments, if any, regarding his integrity made by the Chief inspector of Factories, respondent No. 2.

(2.) ON or about March 1, 1949 the petitioner was appointed in the directorate of Factories (hereinafter referred to as the said Directorate) as an inspector. He has said that thereafter because of his satisfactory work he has worked his way up and was promoted to the post of Regional Inspector at Barrack pore in 1960, the pay scale whereof, in terms of Notification dated January 2, 1962 was enhanced to the same level as that of deputy Chief Inspector of Factories. It is his case that while working as such regional Inspector the petitioner during October, 1962, was selected under the Colombo Plan to undergo a specialised training in Factory inspection, industrialization, accident prevention and safety education in Canada and on such selection, he admittedly went to Canada and had the necessary training. It has been stated by the petitioner that all throughout he has shown good performance of his work either here in this country or during his training in Canada and thus, the training authorities made arrangements for his participation in the masters Safety Training Institute at Toronto (Canada) and New York (U. S, A ). he has stated that on completion of such training he came back to)this Country in 1963 and re-joined hi. , duties as Regional Inspector of Factories at Barrack-pore. It is his further case that in recognition and consideration of his service and conduct including performance, the Stale Government was pleased to promote him by a Notification of August 19,1963, to the post of Deputy Chief Inspector of Factories at Calcutta with effect from August 24, 1963, and by a further Notification of December 1963, he was appointed as Deputy Chief Inspector of Factories West Bengal is also the case of the petitioner that by a Notification of October 6, 1967, he was given substantive appointment on probation for 1 yea,- as Deputy Chief Inspector of Factories with retrospective effect from August 24, 1963 and he was also confirmed in that post from that day.

(3.) IT has been stated by him that at the time of such confirmation to the post of Deputy Chief Inspector of Factories, there was one Chief Inspector of Factories and under him there were 4 Deputy Chief Inspectors of Factories. which were filled up from Regional Inspector of Factories. The petitioner has stated that by Notification of August, 31, 1973, the State Government decided to create 3. new posts of Joint Chief Inspector of Factories. All such posts were just below the post of the Chief Inspector of Factories and above the post of Deputy Chief Inspector of Factories. He has also stated that by another Notification of September 17, 1973, the said 3 posts of Joint Chief Inspector of Factories were included in the Directorate of Factories, West Bengal. These posts. the 'petitioner has stated, were initially created for a period up to February 28, 1974, but by a letter of January 18. 10. 74, it was proposed that such period may be extended for a further period of 1 year with effect in-m March 1. 1974 and by the Notification of February 28, 1974, such proposal was partly sanctioned and the duration of the 3 posts of joint Chief Inspector of Factories, was extended for 6 months from March 1, 1974.