DEBASISH KAR GUPTA,J. - (1.) This is an application filed under Article 226 of the Constitution of India assailing a final order dated July 6, 2017 passed by the West Bengal Administrative Tribunal in O.A. No.1223 of 2014.
(2.) The subject matter of challenge in the above original application was the inaction on the part of the State Government in determining the seniority of the applicant/writ petitioner and giving him the consequential benefits thereto. Taking into consideration the facts and circumstances of the case, the learned Tribunal disposed of the above application without granting any relief to the petitioner/applicant.
(3.) The petitioner was appointed as a Constable in the West Bengal State Armed Police Battalion, Purulia. He was discharged on the ground of detection of a fact of his involvement in a criminal case. After acquittal from the criminal case, he filed an application under Article 226 of the Constitution of India bearing C.O. No.6666(W) of 1987. It was disposed of on May 31, 1990 and the operative portion of the above order is quoted below:? "For the reason as aforesaid, this application is allowed. The order of discharge and the order of the appellate authority are set aside and quashed. The respondents are directed to reinstate forthwith the petitioner in the post he was holding at the time the order of discharge was passed. The petitioner shall be treated as on duty for the entire period from the date of discharge till the date of his reinstatement. It will be entitled to all benefits available to him as he continued in service. The respondents shall pay all arrears to the petitioner within four weeks from the date of communication of this order. Having regard to the facts and circumstances of the case, the respondents are directed to pay the petitioner a sum of Rs. 10,000/- to be adjusted against the arrears. Such payment shall be made within two weeks from the date of communication of this order. The concerned authorities shall act on a xerox copy of this judgment and order to be given to the learned advocate for the responsible petitioner on payment of usual charges and upon the undertaking to obtain the certified copy on usual terms. Let xerox copy of this judgment as aforesaid, be supplied by the department.";