Hasibar Rahaman vs State Of West Bengal & Ors.L

This is an application filed under Article 226 of the Constitution of India assailing a final order dated July 6, 2017 passed by the West Bengal

Administrative Tribunal in O..A. No.1223 of 2014. The subject matter of challenge in the above original application was the inaction on the part of the

State Government in determining the seniority of the applicant/writ petitioner and giving him the consequential benefits thereto. Taking into

consideration the facts and circumstances of the case, the learned Tribunal disposed of the above application without granting any relief to the

petitioner/applicant. -

The petitioner was appointed as a Constable in the West Bengal State Armed Police Battalion, Purulia. He was discharged on the ground of detection

of a fact of his involvement in a criminal case. After acquittal from the criminal case, he filed an application under Article 226 of the Constitution of

India bearing C.O. No.6666(W) of 1987. It was disposed of on May 31, 1990 and the operative portion of the above order is quoted below:

“For the reason as aforesaid, this application is allowed. The order of discharge and the order of the appellate authority are set aside and qu-ashed.

The respondents are directed to reinstate forthwith the petitioner in the post he was holding at the time the order of discharge was passed. The

petitioner shall be treated as on duty for the entire period from the date of discharge till the date of his reinstatement. It will be entitled to all benefits

available to him as he continued in service. The respondents shall pay all arrears to the petitioner within four weeks from the date of communication of

this order. Having regard to the facts and circumstances of the case, the respondents are directed to pay the petitioner a sum of Rs.10,000/ to be

adjusted against the arrears. Such payment shall be made within two weeks from the date of communication of this order. The concerned authorities

shall act on a xerox copy of this judgment and order to be given to the learned advocate for the responsible petitioner on payment of usual charges and

upon the undertaking to obtain the certified copy on usual terms. Let xerox copy of this judgment as aforesaid, be supplied by the department.â€​

The above order was complied with partially by reinstating the petitioner with effect from February 1, 1991 during the pendency of an application

before this High Court under the Contempt of Courts Act, 1971. Neither his seniority was determined by the State Government nor his back wages

paid. The above conduct of the officers of the State Government compelled the petitioner to approach the West Bengal Administrative Tribunal in

O.A. No.1223 of 2014. It was the stand of the State Government that the Commandant of the State Armed Police, 11th Battalion filed an application

for review of the judgment dated May 31, 1990 in C.O. No.6666(W) of 1987. The learned Tribunal instead of ascertaining the fate of the above

review application, took into account some extraneous consideration for declining the relief to the petitioner in terms of the judgment dated May 31,

1990 passed in C.O. No.6666(W) of 1987.

Today, in course of hearing, no material is placed before us to show that a review application is pending before this Court in connection with the

judgment and order dated May 31, 1990 passed in C.O. No.6666(W) of 1987 save and except a communication to the effect from the Officer

concerned that the date of hearing of the review application was February 15, 1991. One must not forget we are passing this order in the month of

June, 2018, i.e. about 27 years from the aforesaid date of hearing.

It is a matter of regret that on the pretext of filing a review application against the judgment passed by this High Court sitting in extraordinary writ

jurisdiction at the instance of the Commandant of the State Armed Police, the State Government, more particularly, the Home Department,

Government of West Bengal is showing thumb to the High Court’s judgment and sitting tight over the matter with regard to payment of back

wages and determine the seniority of the petitioner. We are not in the habit of directing the Government Officer to attend the Court personally leaving

aside his other important official assignments but this is a case, where the Government has been failing to discharge its function as the guardian of its

employee and showing gross disrespect to the judgment dated May 31, 1990 passed in C.O. No.6666(W) of 1987.

We do not know whether the head of the Home Department, Government of West Bengal, i.e., the Secretary to the Government of West Bengal,

Home Department is aware of the fact or is ignorant to pay proper respect to the highest temple of justice of the State. Therefore, we request the

Secretary to the Government of West Bengal, Home Department, to be present before us personally with all records relating to this case to show that

a review application is pending in connection with the order dated May 31, 1990 passed in C.O. No.6666(W) of 1987 and that too, without any fault

and/or laches on the part of the State respondents. He is further requested to apprise the Court on the next date of hearing as to whether the review

application was filed by the State or at the instance of the -Commandant, State Armed Police, 11th Battalion individually and in that event, what was

the reason for the Government to sit tight over the matter in determining the seniority and giving the back wages to the petitioner in compliance with

the aforesaid High Court’s order.

The hearing of this matter is fixed on June 6, 2018 at 200 p.m. with the request to the Secretary to the Government of West Bengal, Home

Department, to be present in Court personally on the aforesaid date with all the relevant records to meet the aforesaid queries of the Court. Let the

photostat copy of the above order be kept on record. Let photostat plain copy of this order, duly countersigned by theAssistant Registrar (Court) be

given to the parties on usual undertaking.