- (1.) This is an appeal from the judgment and order of Hazra J. dated July 26, 1974, whereby the Rule obtained by the Petitioner Respondent on his application under Article 226 was made absolute. At the material time on or about December 30, 1957, the Respondent, who was an entomologist in the Directorate of Health Services, West Bengal, was working in the post of Professor of Medical Entomology, School of Tropical Medicine, Calcutta, on foreign service terms. The Government of West Bengal on the said date issued the following letter to the Director, the School of Tropical Medicine: Dated Calcutta, the 30th Decr. 1957 No. PH/6199/IM-32/56. Sir, I am directed to refer to your letter No. 7876 dated the 24th July, 1957 and to say that Government are pleased to, allow Dr. P. Sen, Ph.D. (Lond.), D.I.C. (Lond.), Entomologist, Directorate of Health Services, West Bengal, to continue in the post of Professor of Medical Entomology, School of Tropical Medicine, Calcutta, on foreign service terms as specified in Govt. Order No. PH/2868/IM/32/56/1(1) dated the 3rd August, 1956, for a further period upto 15th March, 1958, i.e. the date prior to the date on which Dr. Sen will attain the age of superannuation. A separate order will issue regarding his continuance in the post beyond superannuation for the period upto 8th August, 1960. A copy of the said letter was sent to the Petitioner Respondent.
(2.) This letter was followed by the following letter dated May 13, 1959, issued by the Government of West Bengal to the Director of the Tropical Medicine: Sub: Appointment of Dr. P. Sen, Ph.D. (Lond.), D.I.C. (Lond.) as Professor of Medical Entomology, School of Tropical Medicine, Calcutta. Sir, In continuation of this department letter No. P.H/6199/IM-32/56 dated 30th December, 1957, on the above subject I am directed, by order of the Governor, to say that the Governor was pleased to permit Dr. P. Sen, Ph.D. (Lond.), D.I.C. (Lond.), last employed as Entomologist, Directorate of Health Services, West Bengal, under Article 531B of the C.S.R. to accept employment as Professor of Entomology at the School of Tropical Medicine, Calcutta, after superannuation for the period upto 8th August, 1960, on pay and allowances last drawn by him on the day prior to the date of his superannuation (exclusive of deputation allowance at one-fifth of pay) less pension equivalent of retiring gratuity, his pension being held in abeyance during the said period. The Accountant-General, West Bengal, is being informed. To this letter was added the following note by the Director of the School of Tropical Medicine in forwarding the copy of the said letter to the Respondent. Dr. P. Sen, Professor of Entomology, School of Tropical Medicine, Calcutta, for information. He is requested to please arrange for refund to the School Fund a sum of Rs. 2,880.44 as statement per enclosed being the excess amount drawn by his since 16th March, 1958, by way of deputation allowance and consequent increased D.A. as also pension equivalent of retiring gratuity at a very early date but not later than 30th June, 1959.
(3.) The Respondent initiated a writ proceeding in the appellate side of this Court being C.R. No. 947(W) of 1965 for issuance of a writ in the nature of mandamus forbearing the Government from demanding Rs. 2,880-44 and directing them to give benefit of the revised pay scale from April 1, 1950, instead of May 14, 1953. At the hearing of the Rule, it is recorded that a representation was made by the learned Government Pleader to the effect that the Government had agreed not to enforce the demand for refund of deputation allowance. As to pay revision, the learned Judges held that there was no satisfactory explanation why for the Respondent a date other than April 1, 1950, (when the revision of pay rules came into effect) was selected. The Rule was, accordingly, made absolute by order dated January 10, 1967, cancelling the demand for Rs. 2,880-44 and directing the Government to give to the Respondent the benefit of the revised pay scale from April 1, 1950.;