Suhas Chandra Sen, J. - (1.) Pabitra Kumar Sarkar, the petitioner in this case, was appointed on a temporary basis in the post of Lower Division Clerk by a letter dated 1st April, 1966. The petitioner joined service on 18-4-1966 on probation for two years. He was confirmed with effect from 18th April, 1968 on completion of the probationary period. Dilip Kumar Nag and Bimal Mukhopadhyay were appointed on temporary basis as Lower Division Clerks on 1-5-1964 and 1-9-1964 respectively. But they were also appointed as probationers for two years but their orders of confirmation were issued on 21-3-1967 dated 10-11-1966. They were, however, confirmed with effect from 1-5-1966 and 1-9-1966.
(2.) The petitioner's case is that the petitioner was confirmed earlier and, therefore, is entitled to seniority. Furthermore, it has I been argued that confirmatory letters having been issued on 21-3-1967 and 10-11-1966 in the cases of Respondents 3 and 4, the dates of confirmation cannot be made retrospective with effect from 1-5-1966 and 1-9-1966.
(3.) The petitioner made a writ petition FC/JC/D333/85/AKJ earner in tms Court which was disposed of by P. C. Borooah, J. by directing the Inspector General of Prison to consider the case of the petitioner and pass an appropriate order. The Inspector General of Prison held that the Respondent 3 and 4 will have seniority over the petitioner. The reason given by the Inspector General of Prison, the Respondent 1, referred to the prolonged correspondence on this subject and the Government direction with the approval of the Finance (Audit) Department dated 27-8-1976 whereby the petitioner's position was fixed in the gradation list.;