B. C. Ray, J. - (1.) The plaintiff filed the above appeal against the judgment and decree passed on 29th Nov., 1977 by Sri K. N. Mukherjee. Judge 10th Bench, City Civil Court. Calcutta in Title Suit No. 1302 of 1971 dismissing the suit with costs.
(2.) The plaintiff who retired from service on 2nd April. 1967 on attaining the age of superannuation as Manager, Jail Deptt, Government of West Bengal. brought an action in the 10th Bench. City Civil Court, Calcutta. being Title Suit No. 302 of 1973 stating, inter ilia. that after his initial appointment as a Lower Division Assistant under the Inspector General of Prisons. Government of West Bengal. the defendant No. 4 on May 28, 1928. he by dint of his merit was ultimately promoted to the post of Manager. Jain Dept.. Government of West Bengal. The plaintiff also pleaded that he applied for earned leave accrued to his credit by several applications dated 21st Sept. 1962, 31st May. 1963. 27th July, 1963, 9th August, 1963, 17th Sept. 1963. 14th Dec., 1963. 16th July, 1965 and 13th July, 1966 respectively and he repeatedly requested the defendants to grant him leave which he was entitled to under the West Bengal Service Rules. But the plaintiff's said applications except the application dated 27th July, 1963 were never considered by the defendants who did not send any reply to him. The leave asked for by the plaintiff by his application dated 27th July. 1963 was refused and the same was communicated to him under Memo No. 11241 S-3 (7A/62) dated 6th August. 1963 without assigning any reason for such refusal. It has been submitted that such refusal is in violation of the provision of Rule 22 of Appendix 7 and also Note 3 of R. 153 of S. I of Chapter XV of West Bengal Service Rules, Part 1.
(3.) The plaintiff has stated that by such refusal to grant leave the total leave earned by the plaintiff and standing to his credit (luring his entire length of service after deducting therefrom the leave availed of by him is 5 years 7 mouths and 22 days as stated in details therein. The plaintiff has also stated that in the annual budget, provision is always made to cover leave salaries of the Government employees and the denial of leave to him in spite of enough leave to his credit amounted to violation of principles of equity, justice and good conscience,;