Project-based academic staff lack the legal status of regular faculty unless recruited via statutory processes, including mandatory government sanction. Administrative parity in emoluments or past practice cannot override statutory mandates governing the creation and formal filing of substantive internal university posts.

JUDGMENT :

Rai Chattopadhyay, J.

1. In the instant writ petition, the petitioner has sought for setting aside of the order dated 10^th November, 2023 issued by the Joint Secretary, Department of Agriculture, Government of West Bengal. Also, directions have been sought to set aside the orders dated 12^th October, 2023, 31^st December, 2023 and 17^th January, 2024.

2. The order dated 10th November, 2023 is for non-approval of the order of transfer of the petitioner dated October 12, 2023, by the Joint Secretary to the Government of West Bengal, the reason being the petitioner having been appointed under AICRP could have been transferred to a substantive post of transfer in the discipline of Plant Pathology under CoA, Burdwan, BCKV. The other impugned order dated 12^th October, 2023 is for making the transfer order of petitioner to the College of Agriculture, Burdwan, subject to the approval by the State Government. Vide the order dated 31st October, 2023, the petitioner‘s service as Officer-in- Charge of All India Co-ordinated Research Projects (AICRPs) on potatoes was voluntary. The other impugned letter dated 17^th January, 2024 is to direct the petitioner to hand over charge of Officer-in-Charge, AICRP on potatoes.

3. Alternatively, the petitioner has prayed for issuance of necessary direction upon the respondent authority to permit him to continue as the Officer-in-Charge of AICRP of potatoes, treating his retirement age as 65 years. The petitioner was appointed at Bidhan Chandra Krishi Viswavidyalaya (BCKV) with effect from the date of 9^th November, 1994. The petitioner says that, as per his appointment letter, he was engaged as a whole-timer and terms and conditions of his service is to be governed under the provisions of Bidhan Chandra Krishi Viswavidyalaya Act, 1974 (BCKV Act, 1974).

4. The petitioner was appointed initially as a Lecturer (Research in Plant Pathology). He was placed under the AICRP on tropical fruits at Pedong, Darjeeling. From there, he was transferred in the same capacity to the AICRP on Jute and Allied Fiber at Pundibari, Cooch Behar, by an order dated 13^th January, 1997. By an order dated 14^th March, 2001, the petitioner was promoted to Lecturer (Senior Scale). On 14^th December, 2001, he was transferred to a Government sanctioned post at the Registered Research Sub- Station (RRSS) at Shekhampur. From there, he has again been transferred in the AICRP on potatoes by an order dated 17^th March, 2006.

5. The petitioner was promoted as the Reader (Research) with effect from 10^th November, 2004 (vide order dated 27^th December, 2007) and as a Professor (Stage – V) with effect from 10^th November, 2012 (vide order dated 18th February, 2021). He has been declared as a permanent staff of the University vide order dated 24th June, 2011 with effect from 10th November, 1997.

6. Furthermore, the petitioner‘s case is that, employment in a post in the University and that in the AICRP is substantially on same terms and conditions and bears no inherent difference. He has stated in the writ petition that, pay scale/pay fixation of all AICRP scientists/teachers is done as per matching order issued by the Department of Agriculture, Government of West Bengal with concurrence of the Department of Finance, Government of West Bengal, in the same m