SAILENDRA LAL SENGUPTA ALIAS SANTI SEN Vs. ADMINISTRATOR CORPN OF CALCUTTA
LAWS(CAL)-1983-4-14
HIGH COURT OF CALCUTTA
Decided on April 06,1983

SAILENDRA LAL SENGUPTA ALIAS SANTI SEN Appellant
VERSUS
ADMINISTRATOR CORPN OF CALCUTTA Respondents

JUDGEMENT

- (1.) THIS writ petition is heard as a contested application and it is directed against letter dated 14th January 1982 issued by Shri. K. P. Bhattacharya, Special deputy Commissioner (Personnel), Corporation of calcutta. By the said letter which is Annexure 'k' to the writ petition, the petitioner has been informed that the petitioner had ceased automatically to be a corporation Officer in view of his joining the Government service with effect from 24th May, 1976. The said Memo dated 14th January, 1982 was Written in answer to the petitioner's letter dated 10th July 1981 addressed to the Minister-in-charge, Local self Government and Urban Development department, Government of West Bengal whereby the petitioner made a claim of his pay from the Corporation of Calcutta for the period from 24th May 1980 till date and the petitioner claimed that such pay should be equivalent of the pay of the Special Deputy. Commissioner of the Corporation of Calcutta.
(2.) THE learned Counsel for the respondents have appeared and an affidavit-in-opposition has also been filed. At the hearing, the learned Counsel has also produced records concerning the State government and also the Corporation of calcutta. It appears that the petitioner joined Corporation of Calcutta sometime in the year 1946 as Lighting Inspector and the petitioner was promoted to the post of inspector-in-Charge (Lighting) sometime in 1973. It appears that the Administrator, corporation of Calcutta, created a post of additional Deputy Director of Operation (Conservancy) for a period of 6 months only and the petitioner was promoted to the post of Additional Deputy Director of Operation (Conservancy ). initially the petitioner was posted for 6 months only to the said post, but thereafter the Administrator, calcutta Corporation, directed to retain the petitioner to the said post of Additional deputy Director of Operation (Conservancy) up to 8th december 1977 and the petitioner was allowed to continue officiating in the said post. While the petitioner had been officiating in the said post of Additional Deputy Director of Operation (Conservancy), the Governor of West Bengal by an order dated 21st May 1976 was pleased to appoint the petitioner the Officer on Special duty under the Department of Municipal service for a period of one year with effect from the date of petitioner's taking over charge to the said post and the copy of the said order has been annexed to the writ petition being Annexure 'o'. It appears that, in order to improve municipal administration of the Calcutta Corporation, the petitioner was deputed by the State Government by an order dated 21st May 1976 to act as a Special Deputy Commissioner for a period of one year from the date of petitioner's taking over charge of the said post. The said order deputing the petitioner in the Corporation of Calcutta has also been annexed to the writ petition being Annexure 'd'. It may be noted in this connection that the petitioner made a prayer before the Corporation of Calcutta to grant leave to the petitioner without pay for one year with effect from 4th November, 1976 and to permit the petitioner to take up employment during the period of leave under the Government of West Bengal and by Memo dated 24th May 1976 issued by the Personnel Officer of the Corporation of calcutta, the petitioner was informed that the Administrator, Corporation of Calcutta had granted leave to the petitioner as prayed for with effect from forenoon of 24th May 1976 for one year and the petitioner was also permitted to take up employment under the Government of west Bengal during the period of leave.
(3.) THE petitioner has contended that as. the petitioner was a permanent employee of the Corporation of Calcutta and as for the improvement of municipal service of the. Corporation of Calcutta, the State Government intended to appoint the petitioner temporarily in the Government service for the purpose of deputing the petitioner to the Corporation of Calcutta under section 47a of the Calcutta Municipal Act, the petitioner prayed for the said leave for one year and also for permission to take temporary appointment under the Government of west Bengal and as aforesaid, such permission was also accorded. It appears that, after completion of one year, the State government Intended to extend the petitioner's temporary service under the State government for a further period with effect from 24th May, 1977. The petitioner thereafter made a prayer before the Administrator, Corporation of Calcutta that, as the G o v e r n o r had been pleased to extend the period of his deputation as a Special Deputy Commissioner (Conservancy), Corporation of Calcutta for a further period of 3 years with effect from 24th May, 1977, the Corporation of Calcutta should grant leave to the petitioner without pay, in continuation of the present leave for a further period of three years with effect from 24th May 1977 with a lien to his substantiate service in the Corporation of Calcutta. It appears that, although the Administrator, Corporation of Calcutta, received the said letter, no formal Communication was made to the petitioner about the decision taken by the Corporation of calcutta on the said prayer of petitioner. The petitioner continued to serve as Deputy commissioner (Conservancy), Corporation of Calcutta, as a temporary Government servant deputed to the. Corporation of calcutta under section 47 A of the Calcutta municipal Act. It appears that on 8th february 1980, the petitioner applied for leave from 16th February 1980 to 25th May 1980, i. e. upto the date of operation of the petitioner's turn as Special Deputy Commissioner (Conservancy) and after the said period of deputation was over on 25th May 1980, the petitioner on a number of occasion called on the Administrator and the commissioner, Corporation of Calcutta to ascertain as to which post the petitioner would join after the termination of the deputation of the petitioner in the temporary Government service. The petitioner contends that; petitioner being a permanent employee of the Corporation of Calcutta is entitled to continue as a Corporation employee till March 1983 when the petitioner will attain the age of superannuation. On 2nd/3rd September, 1980, the Special deputy Commissioner (P), Corporation of calcutta, wrote to the petitioner as to whether or not the petitioner was willing to maintain the status quo in regard to the provident fund as a Corporation employee and the petitioner gave his reply on 11th of September, 1980. In the meantime, by an order dated 8th July, 1981, the Governor was pleased to allow the petitioner earned leave of 82 days from 3rd March 1980 to 23rd March 1980 as a temporary government servant, namely, for the period when the petitioner had been serving the Corporation of Calcutta as State Government employee on deputation under section 47 A of the Calcutta Municipal Act.;


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