PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of an Ex-Assistant Librarian of the Central Library of the University of Calcutta and is filed for raising the question as to whether a subsequent appointment under a similar educational institution upon resignation with proper permission entails forfeiture of past service.
(2.) THE short fact necessary for the purpose of this application is that on July 15, 1965, the petitioner joined respondent Calcutta University as Library Assistant, and, thereafter, he was appointed Assistant Librarian of the Central Library of the Calcutta University on September 8, 1983. The petitioner joined the University of Jadavpur as Lecturer on April 6, 1984 upon tendering resignation of his previous assignment. Thereafter, the petitioner joined the post of Chief Librarian, Jadavpur University on July 2, 1992 and retired from service as Chief Librarian on April 30, 2000. Then on April 27, 2001, the petitioner exercised option in terms of the Memorandum dated January 31, 2000 and the same was accepted with an undertaking for suitable adjustment. Then in 2005, he filed a representation for entitlement of his dues and his representation remained unattended and so, this application has been preferred. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that admittedly, the petitioner joined the University of Calcutta as Library Assistant on July 15, 1965 and then he applied to the post of Lecturer in Jadavpur University. On being selected, he tendered resignation accordingly, which was accepted w.e.f. April 6, 1984 and then he joined his new assignment on April 6, 1984. It is not in dispute that the petitioner applied to the said post of Lecturer of the Jaduvpur University through the proper channel, but when he was selected, he tendered his resignation and accordingly, the terminal benefits available to him were paid to him.
(3.) MR . Asish Kumar Sanyal, learned Advocate appearing for the petitioner, has contended that the petitioner applied to the said post of Lecturer of the Jaduvpur University through the proper channel and as such, there was a lien and he submitted his resignation to join the new assignment as Lecturer. So, the petitioner is entitled to get the consideration of the length of the service rendered by him in the University of Calcutta and as such, his pension and other retiral benefits are to be re-fixed. He is entitled to make a representation as per Memorandum dated January 31, 2000 appearing as Annexure P-3 at page no.32. The petitioner was deprived of such benefits and that is why this writ application has been preferred. So, appropriate reliefs may be granted in favour of the petitioner.;