- (1.) THIS is an appeal from the judgment and order of Sabyasachi Mukharji, J. dated august 16, 1978 whereby the rule issued on the petitioner appellant's application under Article 226 of the Constitution was discharged subject to certain directions contained in the judgment.
(2.) THE petitioner's case as made in his application is as follows : The petitioner is a highly qualified civil engineer with a first class degree in Civil engineering obtained in 1955 and is a member of various engineering institutes in India and abroad. He is also a law graduate, a registered architect and is author of a number of books and publications with a doctorate degree in Planning and Housing. Since 1961, after service in various foreign firms, he had been a senior covenanted officer in Jessup and Co. Ltd and in 1964 he applied for a post of Structural engineer in the Development and Planning (T and CP) Department of the government of West Bengal advertised by the Public Service Commission in the Scale of Rs. 1500-60-1800/- By order dated April 3, 1s65 he was appointed by the Government temporarily to act until further orders as Structural Engineer under the Calcutta Metropolitan planning Organization (hereinafter referred as CMPO) with higher initial pay of Rs. 1620/- on selection by the public Service Commission.
(3.) THE CMPO came into existence as an autonomous body in 1961 for the purpose of preparation of the development plan of the Calcutta Metropolitan District and other regions of the State. Gradually the sphere of activity of CMPO increased to many regions of the State. CMPO was brought within the Government in the Department of Development and Planning by the following resolution No. 1371/1e-5/64 dated March 10,1964. " (V) The Town and Country ' Planning Branch of the development and Planning Department will have under it as units, the calcutta Metropolitan Planning organization and the Asansol Planning; Organization. " The petitioner was redesigned as the Superintending Engineer by the following order of August 1, 1968. "government OF WEST BENGAL DEVELOPMENT AND PLANNING DEPARTMENT. 18, Rabindra Sarani. NO. T. and CP/9675/1e-52/67 Calcutta, the 1st August, 1868. NOTIFICATION the Governor is pleased to appoint Shri Rabindra Nath Mukherjee structural Engineer of the Calcutta metropolitan Planning Organization to act temporarily until further order as Superintending Engineer (Construction) under the said organization with effect from August 1 1968. 2. Shri Mukherjee has been appointed as the Superintending engineer (Construction) against the post created in G. O. No. T and CP/9674/ 1e-82/67 dated 1st August, 1968 by redesignation of the existing post of Structural Engineer under Calcutta Metropolitan Planning Organization. 4. The appointment is temporary and is terminable with one. month's notice on either side. " On December 31, 1970 the Government issued the following notification : "government OF WEST BENGAL DEVELOPMENT AND PLANNING (T and CP) DEPARTMENT. No. 8285-T and CP/3e-60/70 Calcutta the 31st December, 1970. NOTIFICATION. The Governor is pleased to declare Shri Rabindra Nath Mukherjee, superintending Engineer of the Calcutta metropolitan Planning Organization, to be in service with Permanent Status in a post of Superintending Engineer in the scale of Rs. 1500-60-1800/- under the Calcutta Metropolitan Planning organization with effect from the 24th July, 1970 in terms of Rule 4 (1) (b) of the West Bengal Services (Temporary and Quasi permanent Service and service with permanent status) Rules 1967. ";