Tamal Kanti Kar v. State Of West Bengal And ORS.

06.02.

Ct. No. 24 Ab WPA 167of 2026 Tamal Kanti Kar Vs.

The State of West Bengal and others.

--------------- Mr. Uttam Kumar Bhattacharya, Mr. Siddhartha Bhattacharya.

... for the petitioner.

Mr. Rajat Dutta, Mr. Biswajit Das.

... for the State.

Ms. Tapasi Sinha Palit.

... for the respondent no. 3.

Ms. Lina Majumder.

... for the respondent no. 4.

1. The affidavit of service filed today is taken on record.

2. The petitioner is aggrieved that even though entitled to a higher scale of pay, the petitioner has not been granted such benefit solely on the ground that his date of joining was considered from 15th October 1989, though he had actually joined and started work on January 20, 1984. This order by the Registrar of the respondent no. 2, dated March 24, 2023 is without any basis.

3. The petitioner was appointed as a field man on January 11, 1984 and had joined the post on January 20, 1984 and has been discharging his duties till his date of superannuation sometime on January 31, 2020.

4. The respondent no. 2 and 4 submit that it is indeed a fact that the petitioner had been engaged in the

service of a field man since his date of joining i.e. on January 20, 1984. Though the petitioner was liable for a training of six months, the same could not be completed till October 1989. It is this date, post his six months training, which has been considered by the respondent no. 4 to be the date of joining. This would be absolutely unjust and inequitable as the University has accepted the service of the petitioner from his date of joining from January 20, 1984.

5. To simply wipe out almost five and half years of service on the note that the said petitioner had not completed his training would be improper and unjust.

6. In these circumstances afore-stated, the order of March 24, 2023 passed by the respondent no. 4 is set aside.

7. I direct the respondent no. 4 to reconsider the issue on the basis of the writ petition filed, which will be forwarded by the petitioner to the said respondent along with all annexures and any other documents, which he wishes to rely upon, by March 15, 2026 upon giving a hearing to the petitioner with adequate prior notice and dispose of the same by March 25, 2026.

8. The order so passed upon consideration of the representation of the petitioner will be communicated to the petitioner by March 30, 2026.

9. With these afore-stated directions, the writ petition is disposed of.

10. There shall, however, be no order as to costs.

11. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Reetobroto Kumar Mitra, J.)