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1991 Supreme(Cal) 378

A.M.Bhattacharjee, A.N.Ray
Kamal Kanti Chatterjee – Appellant
Versus
Board of Trustees of The Port of Calcutta – Respondent


Advocates Appeared:
Abhijit Choudhury, Ajoy Kumar Mitra, Alok Banerjee, Nirmal Mishra, Tapati Ghosh, Tulsidas Roy

Judgment

1. FIVE (Writ Petitioners) appellants, who were on deputation from 1. 3. 1985 serving as vigilance watches under the first respondent are originally of he provincial police farce. The deputation was initially for 3 years, but the appellants continued on de facto deputation from 1. 3. 1988 for about a year and a half; the request of the second respondent, who the secretary of the Port, made, a little belated though it was, to the Home department (Police) (Paper Book. p. 33) on 17.9.88, for extension of the appellants" period of deputation by a further year from 1.3.88 did not produce the desired result. Instead, on the order of the Chairman, Port, another request as made and granted: this was the conditional release, by Order of the governor, permitting the appellants (o be absorbed permanently in the Port service. One of these release Orders dated 5. 11. 88 is at p. 31 of the paper book, and the other is referred to in the letter of the-third respondent, who is the chief Vigilance Officer) dated 5. 8. 88 (P. 129. The appellants wanted to be absorbed in port service and made written requests to the third respondent to that effect (Pp. 121-128.

2. ON the brink of permanent ab











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