Anil Kumar Sen, J. - (1.) Three orders passed by the different authorities of respondent No. 1, the Damodar Valley Corporation (hereinafter referred to as the Corporation) as a result whereof the services of the petitioner under the said Corporation stood transferred to the Government of West Bengal are the subject-matter of challenge in this writ petition.
(2.) On May 31, 1954 petitioner was appointed by the Corporation an Overseer-Estimater under the Superintending Engineer, Designs and Canals, Barrage and Irrigation. By an order dated October 26, 1957 the Corporation absorbed the petitioner as an Overseer-Estimated in the permanent set up. In or about 1963 the State Government on taking over maintenance and operation of the canal system of the Damodar Valley Corporation proposed to take over some personnel of the respondent Corporation. Accordingly by a memo, dated February 25, 1964 the Director of Personnel of the respondent Corporation called for options from the petitioner and others as to whether they would be willing to accept employment under the Government of West Bengal on certain terms and conditions set out in the memo. Such terms and conditions were as follows; (1) the appointment would be against an analogous or comparable post and pay scale in the State Government, (2) the last pay drawn by the employee in the DVC would be protected, if necessary, by allowing personal pay to be absorbed in future increments in the State Government's scale of pay, (3) the seniority of the employee in the State Government cadre would be determined according to the employee's length of service in DVC in that cadre. This memo, further clarified that if the petitioner opted for Government service he would likely to be considered for employment as a Sub-Assistant Engineer in the scale of Rs. 200-10-400/-. The petitioner in his reply dated February 28, 1964 offer-red to accept such offer on certain conditions of his own. Conditions offered by him were (I) that the Government offers him the same terms in writing before absorption and (2) that he is allowed the increment of pay in the scale on the next date on which it would have been due in DVC. He further said that as he was working as a permanent staff he expected that he would be absorbed as such by the State Government. The Corporation in his turn by a memo, dated March 20, 1964 addressed to the State Government forwarded the names of 17 Overseer-Estimators for employment under the Government and in so forwarding the Corporation pointed out that some of the Overseer-Estimators in signifying their willingness had asked for certain clarifications; by this memo, the Corporation requested the State Government that such representations should be considered and dealt with individually and favourably while formal appointment orders are issued in their favour. It does not however appear that such representations were either considered or dealt with at all by the State Government. On the other hand, on March 31, 1964 the Chief Engineer, Irrigation and Waterways Directorate of the Government of West Bengal issued an order appointing 17 such candidates including the petitioner as a temporary Sub Assistant Engineer (Civil) under the Irrigation and Waterways Directorate, Government of West Bengal with effect from the date on which they joined their respective appointments. Such appointments were made for a period of three A months with effect from 1-4-64 and on an initial pay of Rs. 200 per month in the scale of Rs. 200-10-400/- pending fixation of the pay. A provisional fixation was however subsequently made on April 7, 1964 allowing the persons who were appointed to draw their last pay under the Corporation.
(3.) As soon as such letter of appointment reached the petitioner he objected thereto and refused to accept such appointment. a On April 15, 1964 he wrote to the Corporation. "as the terms of the appointment do not agree with those shown in the Director of personnel DVC's offer No. PL 118/1 Gen. (Cons.) Civil-A-U Vol. II dated 24-2-64 and my letter no. nil dated 28-2-64 in response to the above, the appointment offered to me under the I and W Deptt. Govt. of West Bengal is not acceptable by me. t The Chief Engineer I and W Directorate Govt. of West Bengal and the Director of personnel DVC may kindly be intimated accordingly.";