Satyabrata Sinha, J. - (1.) This appeal is directed against a judgment and order dated 22nd December, 1997 passed by a learned Single Judge whereby and whereunder the writ petition filed by the first respondent herein was allowed. The writ petitioner-first respondent was appointed as a Home Guard in terms of provision of Section 4 of the West Bengal Home Guards Act, 1962 with effect from 14th September 1976. On or about 5th May, 1987 he was sent on deputation to perform his duties as Godown Guard in M/s. West Bengal State Minor litigation Corporation United, whereafter in terms of letter dated 28th March 1988 issued by the Senior Adjutant, Home Guards he was released with effect from 8th July, 1988 so that he may report to his parent department fora clearance certificate. While he was on deputation the petitioner had been working with the appellant Corporation. In the said order it was directed:- 'He is directed to report to Sub-divisional Engineer to perform law and order duty with effect from 4.4.88. He should be released on 8.7.88 and will report at this office along with the C. C. on 12.7.88 otherwise if any problem arise your Dept. will be responsible for that."
(2.) Another order was passed earlier on 5.5.87 which is to the following effect:- "He is directed to perform to Sub-divisional Engineer (Civil) B/Set Div. to perform law and order duty for three months. He should be released after three months."
(3.) It is also accepted that similar other orders had been passed in that regard. Despite the sard orders, the petitioner contends be was not released by the appellant-Corporation. the first respondent there-alter filed a writ application which was marked as Matter No. 2510 of 1988 praying infer alia for the following reliefs:- "(a) A writ in the nature of Mandamus commanding the Respondents, their men and/or agents and/or servants and/or subordinates to treat the petitioner a permanent employees under the State of West Bengal and to pay the salary to the petitioner equivalent to the salary of a police constable appointed in the Police Force under the Government of West Bengal from 14th September, 1976 and to give ail service benefits to the petitioner accordingly ; (b) A writ in the nature of mandamus commanding the Respondents, their men and/or agents and/or servants and/or subordinates to absorb the petitioner permanently as Godown Guard in M/s. West Bengal State Minor Irrigation Corporation Ltd., a West Bengal Govt. undertaking at its sub-division at Barasat, 24-Parganas (North) ' (c) A writ in the nature of Certiorari commending the respondents, their men and/or agents and/or servants and/or subordinates to transmit all the records relating to this case before this Hon'ble Court so that conscionable Justice may be administered.";