A.Kabir, J. - (1.) These two appeals arise out of the same judgment and have, therefore, been taken up for hearing together. While M.A.T. No. 744 of 2004 has been filed by the writ petitioner Shri Saroj Kumar Ganguly, M.A.T. No. 1303 of 2004 has been filed by the Kolkata Metropolitan Development Authority and its officers, who had been made respondents in the writ petition filed by Shri Saroj Kumar Ganguly.
(2.) The writ petitioner who had previously worked in the Military Engineering Service and was also employed by the Calcutta Corporation joined the service of the Kolkata Metropolitan Development Authority on 24th November, 1976 as an Assistant Engineer. On 9th August, 1991, he was promoted to the post of Executive Engineer of the Kolkata Metropolitan Development Authority, hereinafter referred to as "KMDA" and retired from service on 31st December, 2002. It appears that on the ground of physical infirmities the writ petitioner could not personally make-over charge to the next incumbent, but under an order dated 31st December, 2002, one Bimal Behari Modak took over charge as Executive Engineer.
(3.) The writ petitioner was paid his salary for the month of December, 2002, but on 3rd January, 2003, he received a Memo of charges in connection with Departmental Proceeding No. 331/KMDA/ Sect/217/2000 dated 31st December, 2002, initiated against him resulting in the withholding of his retrial benefits and/or pensionary benefits, including gratuity and pension, after superannuation from the post of Executive Engineer, KMDA.;