Tapabrata Chakraborty J. - (1.) The issue which arises for consideration in the writ petition is as to whether the petitioner is entitled to pension on the basis of 13 years 10 months and 26 days of service rendered by him prior to acceptance of the prayer for voluntary retirement by the State authorities.
(2.) The said issue needs to be decided in the backdrop of the facts that the petitioner served in the post of Assistant Engineer under the Public Works Department (hereinafter referred to as PWD), Government of West Bengal for the period from 5th July, 1961 to 30th August, 1964. For the period from 31st August, 1964 to 31st August, 1974 he was sent on deputation to Farakka Barrage Project of the Government of India. After release from the said project the petitioner again joined as Assistant Engineer in PWD and thereafter on 31st May, 1975 he joined the Government of Nigeria on foreign assignment initially for a period of three years which was ultimately extended till 31st August, 1981. As the petitioner was thereafter disallowed resumption of his services under PWD, he was constrained to submit a representation on 20th June, 1991 praying for voluntary retirement with effect from 1st April, 1981. As such prayer was not considered, the petitioner preferred an original application being OA 839 of 1996 before the learned Tribunal which was disposed of by an order dated 2nd December, 1997 directing the respondents to consider the petitioner's representation for voluntary retirement. Pursuant to such direction the respondent no.2 passed an order on 11th May, 1998 refusing the petitioner's prayer for voluntary retirement. The said order was again challenged by the petitioner by an original application being OA 2196 of 1998 which was disposed of by an order dated 9th July, 2004 observing, inter alia, that the Government is required to decide regarding regularisation or otherwise of absence of the applicant after Foreign assignment was over on 31.3.1981 and his prayer for study leave and service continuity. It was further directed that upon determination of the date of the petitioner's retirement, the required information and certificate should be transmitted to the AG, WB for payment of balance amount of the petitioner in GPF and to settle the retiral benefits. Pursuant thereto, the respondent no.2 passed an order on 30th August, 2004 observing, inter alia, that as the petitioner was not given any permission to stay in Nigeria beyond 31st March, 1981 his lien expired and his service stood terminated. Challenging the said order the petitioner again approached the learned Tribunal by an original application being OA 14 of 2005 which was disposed of by an order dated 4th November, 2008 directing the respondent no.2 to accept the voluntary retirement of the petitioner under Rule 75 (aaa) of WBSR. Pursuant to the said order, the respondents agreed to allow the petitioner to retire voluntarily with effect from 31st March, 1981 but in the said order of acceptance dated 20th May, 2009 issued by the Deputy Secretary, PWD it was also observed that the period spent by the petitioner in foreign service for the period from 1st June, 1975 till 31st March, 1985 shall be deducted from his qualifying service. Aggrieved by the said order the petitioner again preferred an original application being OA 328 of 2010 which was disposed of by an order was passed on 6th August, 2013. The operative part of the said order runs as follows : "We, therefore, dispose of this application by directing the Principal Secretary, PWD, Government of West Bengal to immediately sanction admissible retiral benefit of the petitioner as per acceptance of his voluntary retirement which was concurred by the Finance Department and this should be done positively within two (2) months from communication of this order. We also direct the Principal Secretary to forward the admissible sanction order to the Office of A.G. West Bengal immediately thereafter and we direct the Office of A.G. West Bengal to issue necessary order within next two (2) months. The application is accordingly disposed of".
(3.) Challenging the said order dated 16th August, 2013 the petitioner preferred the present writ petition. By an order dated 17th March, 2016 we directed the Principal Secretary, PWD to pass the necessary order as directed by the learned Tribunal within a period of four weeks. Pursuant to such direction the said Principal Secretary has passed an order on 23rd May, 2016 which has been brought on record by way of a supplementary affidavit.;