Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated January 30, 2012 is seeking the following principal relief: a) A writ in the nature of mandamus and/or like nature commanding the respondents and/or their agents to show cause as to why the retirement benefit of the petitioner will not be allowed as per benefit of State Government employees being pension, and medical faculties as per Government extra ordinary, Kolkata, Gazette notification dated 26th June, 2002. The petitioner was an employee of the Council of Homoeopathic Medicine, West Bengal. The Council is established under the West Bengal Homoeopathic System of Medicine Act, 1963. In exercise of power conferred by s. 44 of the Act the Council made the West Bengal System of Medicine (Conduct of Business of Council, Executive Committee and Special Committee) Regulations, 1970.
(2.) IN exercise of the same power conferred by s. 44 of the Act the Council issued a notification dated February 12, 2000 (published in the Kolkata Gazette on June 26, 2002) concerning certain amendments in the regulations. One of the amendments was to sub -reg. (6) of reg. 38. By the amendment a new sub -regulation was substituted for the old sub -reg. (6). The substituted sub -reg. (6) is quoted below: (6) The Pay; allowances; other benefits and conditions of services of the staff of the Council shall be at par with those laid down by the State Government for the identical categories of State Government employees and their services shall be regulated by the West Bengal Service Rules.
(3.) IN view of the amendment the petitioner and all the other members of the staff of the Council were paid salaries, allowances and other benefits at par with those laid down by the State Government for the identical categories of State Government employees. On reaching the age of superannuation the petitioner retired from services of the Council on December 31, 2007. It is not disputed that he was paid all benefits to which he was entitled.;