Tapabrata Chakraborty, J. - (1.) The present writ petition has been preferred, inter alia, praying for issuance of necessary direction upon the respondents to settle and disburse the arrear salary of the petitioner for the period from 1st March, 1975 to 3rd March, 2006. Claiming such arrear salary the petitioner submitted a representation to the respondent nos.2 and 3 on 22nd April, 2017 and in response to the same the petitioner was asked to attend a hearing in the office of the respondent no.3 on 11th July, 2017. The petitioner duly participated in the same but no final order was communicated to the petitioner and as such he submitted a notice through his learned advocate to the respondent no.3 on 22nd August, 2017 but the same was not responded to and aggrieved thereby the writ petition was filed on 12th December, 2017. During pendency of the writ petition the petitioner was communicated an order dated 20th December, 2017 passed by the respondent no.3 which runs as follows : "In compliance with the Solemn Judgement passed on 27.11.2008 by their Lordships Hon'ble Justice Subhro Kamal Mukherjee and Hon'ble Justice Partha Sakha Dutta with reference to MAT No.444 of 2007 with CAN 998 of 2007, all retiral benefits were granted notionally fixing his Pay Scale from the date of his initial appointment. So arrear claim for the period he did not work cannot be sanctioned to him, in accordance with law whereas he himself admitted that he did not insist upon actual payment for the period for which he did not work."
(2.) Mr. Acharya, learned advocate appearing for the petitioner submits that the petitioner was appointed and approved in the post of a clerk in Krishnapur Rahamania High School (in short, the said school) on 2nd January, 1970. Unfortunately thereafter, the petitioner suffered an attack of the dreaded disease of tuberculosis and as he was not in a position to attend the school, he applied for leave from the school authorities for his treatment. Such leave was refused and he was forced to resign from the said post on and from 31st January, 1975. Upon an enquiry it was ascertained that the petitioner was forced to resign. However, the respondent no.3 regretted his inability to appoint him since in the midst thereof the post had been filled up by one Rukumuddin Ahmed Sarkar (in short, Rukumuddin). However, the said Rukumuddin expired on 24th October, 2003 and thereafter the petitioner approached this Court praying for a direction to reinstate him in the vacancy which had occasioned due to the death of Rukumuddin. By an order dated 29th November, 2005, the said writ petition being WP 18332 (W) of 2003 was disposed of with a direction upon the respondent no.3 to issue all appropriate orders so that the petitioner is appointed within six weeks. The Court also observed that "Mr. Chatterjee submitted that notional benefit should be directed to be paid to the writ petitioner so that he may get his pension after his retirement. I am afraid such an order cannot be passed because the State has already been saddled with the liability to pay family pension to the heirs of the deceased Rukumuddin. The petitioner shall be entitled to pension if there is a qualifying service". Aggrieved thereby, the petitioner preferred an appeal being FMA 2679 of 2008 which was disposed of by an order dated 27th November, 2008 directing the government authorities to grant retiral benefits to the petitioner notionally fixing his pay scale from the date of his initial appointment and ignoring the purported break in service.
(3.) Mr. Acharya contends that as the Writ Court by the order dated 29th November, 2005 directed the respondents to reinstate the petitioner and as cessation of the employer-employee relationship was on the basis of forced resignation which was found to be illegal by the competent authority, he is entitled to all back wages pertaining to the period from 1st March, 1975 till 3rd March, 2006. In support of such contention, Mr. Acharya has placed reliance upon a judgment delivered in the case of Deepali Gundu Surwase vs- Kranti Junior Adhyapak Mahavidyalaya (D.ED.) and Others, 2013 10 SCC 324.;