A person is said to hold a "civil post" under the State Government if he is appointed by the State Government, his salary is paid out of the State Exchequer, and he discharges duties in connection with the affairs of the State.

( 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-appointed in the post of Chairman of the said Tribunal for a period of two years from 1st November, 2002 to 31st October, 2004, in exercise of the powers conferred under sub-sections (3) and (5) of Section 415 of the calcutta Municipal Corporation Act, 1980, hereinafter referred to as the "1980 Act".

( 3 ) ON 30th June, 2003, the petitioner was served with a notification dated 27th June, 2003, issued by the Department of. Municipal Affairs, government of West Bengal, withdrawing his service as Chairman of the municipal Building Tribunal, Calcutta Municipal Corporation, with effect from 30th June, 2003, until further orders.

( 4 ) BEING aggrieved by the aforesaid action taken by the State Government in its Municipal Affairs Department, purportedly under Section 415 (6) of the 1980 Act, the petitioner moved the West Bengal Administrative Tribunal by way of an application, being O. A. No. 770 of 2003. On an application for interim order in the said Original Application, the West Bengal Administrative Tribunal by its order dated 9th July, 2003, directed the authorities concerned to allow the petitioner to resume his duties forthwith. Liberty was also given to the respondents to apply for modification/revocation/alteration of the interim order upon notice to the other side. During the pendency of the application the respondents moved this Court in a Writ Petition, being W. P. S. T. No. 621 of 2003, challenging the interim order as also the jurisdiction of the West Bengal administrative Tribunal to entertain the matter. The said writ petition was disposed of by this Court with a direction upon the learned Tribunal to hear-out the matter on the question of jurisdiction. The matter was accordingly heard by the learned Tribunal on the limited question of jurisdiction and by its order dated 2nd January, 2004, the learned Tribunal held that it had no jurisdiction to try the matter on the following grounds:i) The applicant ceased to be a Government officer after his retirement on superannuation from the previous service. ii) His present services were not in connection with the affairs of the State. iii) He was not getting salary from the State Exchequer. iv) Payment of his salary was made from the Municipal Funds.

( 5 ) WHILE dismissing the petitioner's application for want of jurisdiction, the learned Tribunal also vacated the interim orders passed earlier in the matter.

( 6 ) THE petitioner has challenged the said decision of the learned West bengal Administrative Tribunal mainly on the ground that since the petitioner was the holder of a "civil post" under the State Government the provisions of Article 311 of the Constitution were squarely attracted to the facts of his case and the Tribunal, therefore, had ample jurisdiction to entertain the application filed