DEBASISH KAR GUPTA,J. - (1.) This application is directed against the judgment and order dated March 1, 2016 passed by the State Administrative Tribunal in O. A. No.328 of 2014.
(2.) By the said order, the Tribunal was pleased to pass the following directions:- "There is nothing in Rule in support of the claim of the applicant. There is no verdict of Court to that effect also. Therefore, we are unable to accede to the contention of Mr. Alam, Ld. Advocate for the applicant that past service of the applicant be counted for the purpose of enabling him to get the pension and pensionery benefits. However, having regard to the factual matrix of the present case, we are of the opinion that for the sake of equity and fair play, the appointment of the applicant should be given notional effect from 21.2.2004 when his counterpart was given appointment in regular service. As already mentioned earlier, we are aware that such benefit of notional appointment from an earlier date will not entitle him to pension as he will still fall short of the requisite qualifying service needed for being eligible for pension. But, this may be beneficial for the applicant in so far as his entitlement to gratuity etc. is considered and which he, in our view, most certainly deserves in the light of the facts of the instance case. Accordingly, we direct that although the prayer of applicant that he be allowed the benefit of counting the past service rendered by him as Tahsil Mohurrier for the period from 1976 to 1984 in order to enable him to earn pension and other retiral benefits cannot be accepted, his appointment should be given notional effect from 21.2.2004 when his counterpart was given appointment in regular service, and that all consequential benefits be released in his favour within a period of eight weeks from the date of communication of this order.'
(3.) Being aggrieved by the above directions of the learned Tribunal, the instant writ application has been filed by the State of West Bengal.;