S.K.Mookherjee, A.C.J. - (1.) This appeal is directed against an order of a learned single Judge dated 22nd December, 1995 passed in C.R. No. 19272 (W) of 1984. The learned single Judge by the said order, inter alia, directed that the writ petitioner should be deemed to be in service with effect from 23rd May 1984, but could be allowed to earn salaries from 22nd October, 1984 as Deputy Manager, Accounts (Project) in the appellant No. 1 Company. The writ petitioner it is pertinent to note, reported for work on 22nd October, 1994 and allegedly have been assured by the Chief of Personnel and Administration that he would be treated to have join his duty on and from 22nd October, 1994. Since the petitioner in spite of the aforesaid factual position and in spite of having reported for duty every day was not allowed to join nor any salary was being paid and since all his attempts including by serving demand of justice prove abortive and because of his release by the previous employer, was compelled to move an application for writ praying amongst others for writ of Mandamus directing the respondents, the appellants herein, not to interfere with or restrain him in joining his office and for payment of full salary with effect from 22nd October, 1984, in terms of his letters of appointment dated 23rd May, 1984 and also 18th September, 1984.
(2.) Before us on behalf of the appellants, in substance the only point which has been very strenuously urged is that since the petitioner did not render any service in the appointed post till the date of his appointment in terms of an order of this Division Bench on 16.5.1997 (actual joining having been made on 19.5.1997), he could not be said to be entitled to any salary for the period 22nd October, 1984 to 18th May, 1997. There is no dispute that the petitioner was not allowed to join though the appellants sought justification for their action on the basis of specific preventive orders passed against the appellants by this court in different proceedings and/or refusal of permission to the appellants to allow the petitioner to join.
(3.) The relevant orders which had been relied upon on behalf of the appellants may be detailed as follows :- (a)In C.R. No. 4543 (W) of 1982, at the instance of Burn Standard Officers' Association, B.C. Basak, J. On 13.8.1984, passed an interim order, inter alia, to the following effect:- "Meanwhile no appointment by way of direct recruitment is to be made in respect of non-selection post without giving a notice of at least seven days to the petitioners' Association. If there is any objection raised by the Association then the Association shall be at liberty to mention this matter before this court." (b)On an application by the Company in the aforesaid writ proceeding seeking leave to allow the writ petitioner to join in the non-selection post, on 20th August, 1985, the application was disposed of with "no order". (c)In C.O. No. 13315(W) of 1985, filed by the writ petitioner, respondent with a prayer for direction to pay his salaries with effect from 22nd October, 1984, U.C. Banerjee, J. on 18.9.1985, inter alia, passed the following interim order:- "In the meantime respondents are directed to pay salary to the petitioner including the arrears if any as admissible in law." On an appeal from the said order filed by the present appellants being F.M.A.T. No. 3416 of 1985, the said order was stayed on 8.7.1986. The said appeal and the application have ultimately been disposed of on 11.4.1989, by directing that C.R, No. 19272 (W) of 1984 and C.R. No. 13315 (W) of 1985 be heard analogously and expeditiously. By the order impugned in the instant appeal N.K. Mitra, J. disposed of both the writ petitions in the aforesaid manner.;