- (1.) THE petitioner was initially appointed as draftsman and thereafter transferred. to the Drainage Department and has claimed to be the Draftsman-in-charge, blue Print Section, Drainage department of the respondent Corporation of Calcutta. He has alleged that the duties of Draftsman-in-charge of Blue Print Section are not only risky, dangerous and onerous but such duties are full of responsibilities. In view of the risky, dangerous and onerous character of the duties as required to be performed by the Draftsman-in-charge and persons working under him and on representations being made, it was resolved by the Standing Finance Committee, on or about 21st January, 1965, that the petitioner amongst others be granted a special pay equivalent to 1/5th of his basic pay for discharging onerous duties in the matter of blue and Oxalic printing and performing duties beyond office hours including holidays until mechanic section of Blue printing is introduced in the Drainage Department and that the schedule of establishment as contemplated in section 78 of the Calcutta municipal Act (hereinafter referred to as the said Act), is amended accordingly. Such resolution, by an order of 19th March, 1965, passed by the Corporation of calcutta, was approved and duly ratified. It has been stated that the schedule of establishment as contemplated under section 78 of the said Act was also amended accordingly. It has been stated further in the petition that while discharging the functions and duties in the department as aforesaid, persons employed there including the petitioner were and are required to deal with various dangerous, corrosive and injurious chemicals, such as potassium ferrietaman snide, potash citrash, liquid amonia as a result where of persons employed in the said section by such handling and inhaling of the said chemicals, do sometimes suffer from severe diseases including skin disease and even blood cancer. Because of such character of employment, joint representations were made to the Commissioner, Corporation of Calcutta, for necessary protections and security and ultimately it was decided that persons employed in the concerned department should be provided with a pair of rubber gloves. It has been alleged by the petitioner that even inspite of such recordings and directions, nothing has as yet been done.
(2.) IT has been alleged by the petitioner that in 1971, as a vindictive measure he was transferred from the post of Draftsman-in-charge of the Blue Print Section. He challenged the said order of transfer in Civil Rule No. 2618 (W) of 1971, which was ultimately made absolute and his order of transfer vas set aside. Thereafter, again on 3rd February, 1972 the Executive Engineer, Drainage Department of the Corporation of Calcutta, sought to transfer the petitioner from the Blue Print Section to Drawing Section and such action was also challenged in Civil Order No. 440 (W) of 1972 which on 10th november, 1974, was allowed and the order in question Was set aside by Anil Kumar Sen J. While making the order as aforesaid, his Lordship has observed that the post held by the petitioner was created as a special post with a special designation and with a special pay. As such to transfer the petitioner from such post to some other post with lesser pay, would really amount to penalty, being imposed not in accordance with the regulation. It appears that his lordship further observed that a special post of a Draftsman-in-charge of Blue Print Section as was created with special pay and was given to the petitioner while holding the said post, though the special pay was not allotted to the post itself.
(3.) IT further appears that in the meantime the petitioner went on making representations to the Executive engineer, Drainage Department, for the supply of protective materials as mentioned hereinbefore and which was directed. He has alleged that nothing was done and has as yet been done. As a result whereof, persons who were working there including the petitioner himself have suffered.;