- (1.) IN this petition the petitioner has prayed for a writ in the nature of mandamus directing the respondents no accord benefits and privileges of Gazetted status of Assistant-Engineer and payscale thereof with effect from january 17, 1956 to September 26, 1968 when the petitioner was appointed as an Assistant Engineer to the Gazetted post. The petitioner it is alleged was appointed by the State Government in the Public Health Branch and Sub-divisional Officer in connection with the scheme for sinking of tube-wells in the sundarban Distressed Area. It was further stated that the petitioner would draw his grade-pay plus Rs. 60/- per month as special pay during the period of his said appointment. The petitioner's appointment was duly approved by the Public Service Commission in 1954. It is alleged that there was vacancy in the post of Assistant Engineer for Coochbehar Water Works alteration and Extension Scheme under the Directorate of Health Services of the Government of West Bengal, the chief Engineer of the Public Health engineering Department recommended the petitioner's name and the petitionetr was appointed as Assistant Engineer for coochbehar Water Works Alteration and Extension Scheme under the Directorate of Health Services. It is stated in the said appointment that the petitioner's appointment was made against; the post of Gazetted Assistant Engineer sanctioned in Government Order No. PH-2842/2e-1/55 dated July, 1955. But in the order itself it was stated though the petitioner will be considered as assistant Engineer under the Public health Department but will not have the Gazetted status. It is alleged the petitioner does all the works performed by Assistant Engineer of a Gazetted rank but though the petitioner performed all those function the petitioner was not allowed to enjoy the benefits of pay of a Gazetted status. Being aggrieved by that portion of the order the petitioner made a representation to the state Government. It was further stated the petitioners case will be considered along with others after the rule for promotion of Oversears to the rank, of Assistant Engineers are finalised inspite of the said representations, however, the petitioner could not get any relief till 1968. He was appointed as assistant Engineer holding Gazetted rank but during a long period of service as Assistant Engineer the petitioner was denied the benefits of a Gazetted status. It must be stated under the west Bengal General Service in the public Health Engineering Services have the gazetted status all along and if any person is appointed to the said post all the benefits must also be given to the said employee. If it is not intended by the State Government to grant the benefit of the said post to the petitioner he could not have been appointed to the post of Assistant Engineer at all and even if he was functioning as an Assistant Engineer he must be deemed to be holding the post of gazetted status because apart from gazetted rank there was no other post in the cadre of the west Bengal Public Health Services. In my opinion the petitioner is entitled to a writ in the nature of mandamus as prayed for in the petition. It must be stated herein though the Rule was served on the respondent on 2nd August 1971 and appearance was made on behalf of the respondents. No affidavit has been filed and there being no return to the Rule. The petitioner is entitled to the writ as prayed for. Moreover i am satisfied there is merit of the case and the petitioner who is appointed as an Assistant Engineer cannot be denied of the benefits attached to the post as assistant Engineer. The petitioner is entitled of all the benefits attached to the said gazetted post and no appointment can be made to the post of Assistant Engineer (as non-gazetted) in the public Health Department. In the circumstances therefore the rule is made absolute to the extent indicated above. There will be no order as to costs.;