- (1.) THE petitioner was a Labour Officer under the Government of West Bengal. While serving in that post, the petitioner and two other officers, namely, Sm. Indira De, then an Assistant Labour Commissioner, and Sri D. P. Dutta, a Labour Officer, were appointed, by the Government of India, as Inspectors under the Employees' Provident Funds Act, 1952, by a notification dated July 23, 1952. The relevant portion of the notification is set out below : "in exercise of the powers conferred by sub-section (1) of section 13 of the Employees' Provident Funds Act, 1952, (XIX of 1952), the Central Government hereby appoints Kumari Indira de and Sarvashri Debi Prosad Dutta and Basanta Kumar Roy to be Inspectors for the whole of the State of West Bengal for the purposes of the said Act and of any Scheme made thereunder, in relation to factories which are engaged in a controlled Industry or in an industry connected with a mine or an oil field. " The Labour Commissioner, West Bengal, released the petitioner and the two other officers named above to go out on deputation by Memorandum dated October 16, 1952, which is set out hereunder : "as directed in the above Memo I am releasing Sm. I. De, Assistant Labour Commissioner, Sri B. K. Roy, Labour Officer and Shri D. P. Dutta, Labour Officer for assuming charges as Inspectors under Employees' Provident Funds Act, 1952. They will hand over charges In this Directorate on 21. 10. 52. " Shortly thereafter, on November 13, 1952, there was a notification made by the Government of West Bengal promoting the petitioner as temporary Assistant Labour Commissioner, in place of Sm. Indira De above named, until further orders. The relevant portion of the notification reads as follows: "the Governor is pleased to Appoint Shri B. K, Roy, Labour Officer, west Bengal, to act temporarily as Assistant Labour Commissioner, west Bengal, from the 22nd October, 1952 until further orders vice Srimati I. De, on deputation. Copy forwarded to the Accountant General, West Bengal, for information. Shri Roy will, however, continue to act as Inspector under the Employees' Provident Funds Act under the Government of India. "
(2.) THE promotion, to say the least, was tantalising because the petitioner was directed to continue as the Inspector under the Employees' Provident Funds Act and not to participate in the glories of the promoted post. The chair created for the petitioner thus remained awaiting for him. Now, the transfer of a Government servant from the parent department to another department outside the parent department, on deputation or otherwise, counts as foreign service. Rule 100 of the West Bengal Service Rules (Part I) under the heading 'foreign Service' reads as follows: " (1) A Government servant transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer, and may be given such substantive or officiating promotion in those cadres as the authority competent to order promotion may decide. In giving promotion, such authority shall take into account, (a) the nature of the work performed in foreign service ; and (b) the promotion given to juniors in the cadre in which the question of promotion arises. (2 ). . "
(3.) THE Government of India took into consideration the promotion of the petitioner as an Assistant Commissioner and re-fixed his pay in the deputation post accordingly. The letter written by the Government of India to the Central Provident Fund Commissioner, dated March 23, 1955 is set out below ; "i am directed to refer to your letter No. Adm. 2 (17) 55, dated the 14th 15th January, 1955 on the above subject and to say that the Government of India are pleased to sanction the reification of pay of Shri B. K. Roy, Provident Fund Inspector, West Bengal, at Rs. 250/ -p. m. in the scale of pay of Asstt. Labour Commissioner, West Bengal viz. , Us. 250-25-850 with effect from the 22nd October, 1952 and up to the date, he would have actually continued to officiate as the Assistant Labour Commissioner in his parent office, but for his deputation under the Employees' provident Fund Organisation in the State.;