Salil Kumar Roy Chowdhury, J. - (1.) This is a writ petition challenging an order of reversion dated the 1st of September, 1977, on the ground inter alia, of malafide, discriminatory, violative of Article 311(2) of the Constitution of India, illegal, irregular, violative of the principles of natural justice and bad in law. It is also challenged on the ground of with holding the salary of the petitioner for the month of August, 1977, which act amount to punishment. The relevant facts appear to be as follows:-
(2.) On the 12th of August, 1959, the petitioner joined as a Lower Division Assistant of the finance dept., Govt, of West Bengal. On the 1st of April, 1964, the petitioner became permanent in the post of Lower Division Assistant. On the 22nd of November, 1965, the petitioner was promoted to officiate as the Upper Division Assistant. On the 29th of November, 1973, the petitioner was confirmed in the Upper Division Assistant post. It appears that by the Memorandum No. 5009-F dated the 21st of May, 1974, the finance dept, of Govt, of West Bengal issued an order laying down the principles for guidance of the finance dept, in respect of promotion, confirmation, crossing of efficiency bar and several ancillary benefits in respect of government employees regarding presence or absence on the days of "'Bundhs", "Cease Work" or "Strikes". The relevant portion is set out hereunder:- "In deciding the cases of promotion, confirmation, crossing of efficiency bar and other marginally noted ancillary benefits in respect of Government Employees, there presence or absence on days of "Bundhs", "Cease Work" or "Strikes" shall also be taken into consideration along with other relevant factors. In this connection attention is drawn to Rules 3B and 3C of the West Bengal Service Rules Part I and Rule 27 of the West Bengal Government Servants Conduct Rules, 1959. In all pending cases of promotion, confirmation, crossing of efficiency bar and other marginally noted ancillary benefits, no order shall be passed and no order in this respect which has not yet been implemented shall be implemented until the records of the employees concerned are verified and all relevant factors including his attendance and non-attendance on days when calls for "Bundhs", "Cease Work" or "Strikes" were given are ascertained. A sample form with a set of likely entries in this respect is enclosed herewith for guidance and use. The Commissioner or Secretary concerned for each department shall take steps to ensure that the above directions are complied with in all offices under his control from the Secretariat to the Directorate, district and all subordinate levels".
(3.) It also appears that (prior to the said order by a Memo No. 7119-F. FIS-25-72 dated the 1st of December, 1972, by an order of the finance dept, of Govt, of West Bengal principles to be followed in matter of promotion was laid down) which is set out hereunder : Government of West Bengal Finance Department Audit Branch No. 7119-F-FIS-25-72. Calcutta, 1st December, 1972 Memorandum Subject : Principles to be followed in the matter of promotion.;