JUDGMENT :

Partha Sarathi Chatterjee, J.

1. This appeal is directed against the order dated 13.2.2017 passed by the learned Single Bench in the writ petition being W.P. No. 17504 (W) of 2011.

2. Factual conspectus giving birth to this instant appeal is that Singur Haripal Rural Electric Co-operative Society Limited (hereinafter referred to as SHRELCOP) was formed with a view to distribute electricity to its members and consumers in the area within the jurisdiction of the police stations of Singur and Haripal in the district of Hooghly by obtaining licence from the electricity authority under the Indian Electricity Act, 1910. After functioning for about 27 years, the Board of Directors of SHRELCOP submitted an application dated 10.8.2005 before the West Bengal Electricity Regulatory Commission to surrender its distribution licence and as per order dated 7.12.2005, the said licence was revoked with effect from 31.12.2005 and the West Bengal State Electricity Board (in short, the WBSEB) was appointed as Administrator to take over charges of distribution of electricity in that licenced area. Thereafter WBSEB was bifurcated and successor entities were formed on 01.04.2007. One of the said successor entities was West Bengal State Electricity Distribution Company Limited (hereinafter referred to as the WBSEDCL). After issuance of statutory notice, the Commission passed an order on 28.02.2008. In terms of the said order, the respondent no.2 (hereinafter referred to as Director) passed an order dated 02.09.2008 towards absorption of 137 employees of SHRELCOP in WBSEDCL with effect from 29.2.2008 with the following terms and conditions :

‘(i) The date of seniority in respect of 137 nos. of employees shall be at the bottom of the gradation list in respect of each category of employees.

(ii) The date of joining in the WBSEDCL shall be treated as the date of notional absorption in WBSEDCL i.e. 29th February, 2008 for the purpose of seniority in the gradation list. However, the inter-se seniority amongst the same category of employees shall be determined from the date of joining at erstwhile SHRELCOP as well as the date of joining at erstwhile SHRELCOP as well as date of birth (in case of date of joining at erstwhile SHRELCOP is same).

(iii) All absorbed employees shall be continued to be under Contributory Provident Fund as now existing.

(iv) From the date of absorption such employees shall be guided by WBSEB Employees’ Service Regulations (now adopted by WBSEDCL) and other Rules and Regulations, issued from time to time by WBSEB/WBSEDCL.

(v) All employees so absorbed in the service of WBSEDCL shall be liable to be transferred to any unit / office under WBSEDCL.

On absorption, they will continue to remain attached Singur-Haripal Distribution (O&M) Division for the present and their future places of posting shall follow in due course.

They will be fitted in their respective scales of pay in terms of ROPA-99 by Distribution Finance.’

3. About a year after such absorption, the employees submitted two representations dated 4.8.2009 and 26.11.2010 ventilating their grievances before the Chairman and Managing Director, WBSEDCL. The main grievances of the appellants were as follows :

‘That although these absorbed employees were getting bonus, D.A. at par with the employees of WBSEDCL but they have not been given benefits of ROPA, 2009 with effect from 1.1.2006 although on 31.12.2005 Administrator was appointed in SHRELCOP and all the assets and liabilities of SHRELCOP were taken over since 31.12.2005 and they were not being given annual increment, promotion, P.F. and retiral and pensionary benefit equivalent to the employees of the WBSEDCL.’

4. As their representations were not considered, they were constrained to prefer a writ petition being W.P. No. 3973 (W) of 2011 which was disposed of by the Hon’ble Justice Debasish Kar Gupta, as His Lordship then was, on 11.5.2011 by directing the Director to dispose of the representation dated 26.11.2010 by passing a r