( 1 ) THE petitioner, who was a member of the West Bengal higher Judicial Service, retired on superannuation on 31st October, 2002, while functioning as Judge, City Civil and Sessions Court, VIM Bench, calcutta. While the petitioner was in service, his name was forwarded to the Judicial Department along with the names of two other senior officers of the service for the purpose of filling up the vacancy in the post of chairman, Municipal Building Tribunal, created under Section 415 of the calcutta Municipal Corporation Act, 1980.

( 2 ) PURSUANT to the above, the petitioner was selected and appointed as such Chairman of the Municipal Building Tribunal by Notification no. 770 dated 11th October, 2002, issued by the Department of Municipal affairs, Government of West Bengal. The order was to take effect on the date of assumption of charge by the petitioner. The petitioner assumed charge of the office of Chairman of the said Tribunal in the after-noon of 31st October, 2002, which was the day of his retirement from active Judicial service. Subsequently, by another Notification issued by the Department of municipal Affairs, Government of West Bengal, the petitioner was re-appo