Prasenjit Mandal, J. - (1.) This application is directed against the judgment and order dated 12.05.2006 passed by the learned West Bengal Administrative Tribunal in O.A. No. 159 of 1997 whereby the learned Tribunal has dismissed the application under section 1.9 of the Administrative Tribunals Act, 1985.
(2.) The applicant joined West Bengal Health Service in 1975 on ad hoc basis and his appointment was regularised by the Public Service Commission, West Bengal in 1978. After rendering services in different hospitals in West Bengal, he was transferred to R. G. Kar Medical College and Hospital, Calcutta in 1984 as Registrar and he worked in such capacity till May, 1990. Thereafter, he was transferred to Dr. B. C. Roy Polio Clinic and Hospital for Crippled Children as general surgeon in 1990. In 1987, he applied for impanelment of his name in the academic panel of lectureship but no action was taken. In 1990, the said health service was bifurcated into two - one being the West Bengal Health Service and the other the West Bengal Medical Education Service. So options of all the members of these services were invited within certain time. Litigations started. After end of the litigation, the last date of exercising option was extended to 21.03.1992. The applicant exercised option on 20.03.1992 in prescribed form desiring to join West Bengal Medical Education Service. Thereafter he sent representation on 25.11.1992 but his representation was not considered. Then he filed the writ application being No. 4395 of 1993. The applicant retired from services on superannuation on 31.1.0.1994 after attaining the age of 58 years.
(3.) In the case of West Bengal Medical Education Service, the age of retirement is 60 years. Apparently in terms of an interim order dated 20.12.1994 passed by Justice Samaresh Banerjee (as His Lordship then was) in the matter No.4395 of 1993, the respondent authority passed an order dated 16.03.1995 whereby the applicant was permitted to act as R.M.O.-cum-Clinical Tutor in the Department of Surgery, Medical College, Calcutta with effect from 30.10.1994. Ultimately, the application of the applicant before the Hon'ble High Court was transferred to the learned Tribunal and the same was disposed of directing the respondent authority to treat the application as representation of the applicant by an order dated 17.10.1996 in T. A. No. 1526 of 1996. Thereafter the respondent authority passed the order dated 29.12.1996 and such order was communicated to the applicant by the Memo dated 23.12.1996. Being dissatisfied with the speaking order of the respondent authority appointing him as R.M.O.-cum-Clinical Tutor, the applicant filed the application before the learned Tribunal and the learned Tribunal passed the impugned order dated 12.05.2006.;