Satya Brata Sinha, J. - (1.) This writ application is directed against an order dated 5.4.99 passed by the West Bengal Administrative Tribunal whereby and whereunder the application filed by the petitioner herein was dismissed in limine, directing - "Heard the Ld. Advocates for both the parties. It is found from the Annexure-F that the petitioner was engaged as a casual worker under Rural Functional Literacy Project sometime in the year 1986. It is found that the Treasury Officer, Jangipur refused to pass the bill for monthly remuneration. From this it is established that the petitioner is not holding the civil post and this Tribunal has no jurisdiction to give any direction to the authority concerned and hence, this petition is rejected. However, the petitioner is given liberty to move before the appropriate forum."
(2.) The learned counsel appearing for the petitioner has strongly relied upon in the case of Union of India and Ors. v. Deep Chand Pandey reported in AIR 1993 Supreme Court 382 : 1992(3) SCT 718 (SC) and submitted that in terms of Section 14(1) of the Administrative Tribunal Act an application filed by a casual employee working in Government Department questioning an order of termination would come within the purview of Section 14(1) of the Act. The Apex Court held:- "The present respondents are claiming the right to continue in the employment of the Union of India as before, with additional claim of temporary status and it is, therefore, idle to suggest that such a claim is not covered by the Act. The necessary conclusion, therefore, is that the remedy of the respondents was before the Tribunal and not the High Court. We, accordingly, hold that the High Court did not have the jurisdiction to entertain the claim of the respondents. Consequently the impugned judgment is set aside, the writ petition before the High Court is dismissed and these appeals are allowed, but without costs."
(3.) However, having regard to the nature of the application we thought it fit to consider the merit of the matter assuming that a writ application is maintainable. The fact of the matter is as follows:-;