A.K. Mitra, J. - (1.) The writ Petitioner being a retired employee of West Bengal University of Animal and Fishery Sciences, (WBUAFS) made a claim regarding his retrial benefits which has been withheld by the authorities/The Petitioner attained superannuation at the age of 60 years as Professor,. Department of Animal Genetics, West Bengal University of Animal and Fishery Sciences on April 30, 1998. The initial appointment of the Petitioner was under Kalyani University in 1966. Thereafter when Bidhan Chandra Krishi Viswavidyalay was set up in 1974 he was transferred to BCKV. This transfer was effected as provided in Sec. 49 of BCKV Act. The Sec. 51 of the BCKV Act provided the terms and conditions of service under which the Petitioner was to hold Office in BCKV and the same would not be less disadvantageous than what he was entitled to in Kalyani University i.e. under the new University the Petitioner was to get the benefits at par with the benefits which he was getting earlier.
(2.) In 1995, the West Bengal University of Animal and Fishery Sciences (shortly termed as WBUAFS) was established by statutory provision. Thereafter by an order dated 15, June 1995 all departments of Animal Husbandry and Veterinary Sciences of BCKV were closed and the Petitioner along with other teaching and non -teaching staffs working under the Faculty of Veterinary and Animal Sciences in BCKV were placed under the administrative control of the newly established West Bengal University of Animal and fishery Sciences under the provisions of Sec. 1 (3) read with Sec. 2 (3) of the Act. The appointed day was 2nd January, 1995. In view of the provisions of Sec. 40 of the new Act of 1995 the Petitioner was also protected as regards the terms of services after his transfer to the new University.
(3.) It is alleged by the Petitioner that though the Petitioner has exercised option in favour of retention in BCKV under proviso to Sec. 40 (1) of the new Act but his such option was not allowed. He was to move to the newly set up University as Professor.;