Judgment S.J.Mukhopadhaya, J. 1. The petitoner was initially appointed as Sub-Overseer on 25th January, 1960 and was subsequantly made Overseer, now known as Junior Engineer. Taking into consideration his total length of service, including the period while petitioner functioned as Sub- Overseer, he was allowed the benefit of seniority and posted to higher post of Subdivisional Officer, a post of the rank of Assistant Engineer. 2. It appears that the seniority of persens whose period of service as rendered as Sub-Overseer was included was challenged by certain persons before this Court in C.W.J.C. Nos. 481/80; 482/80; and 4644/82. In those cases, certain decisions were given by this Court, affecting the seniority of those who were initially appointed as Sub-Overseer, including the petitioner. In view of such finding, the order of posting of petitioner as S.D.O. and the seniority list were cancelled, vide impugned Order No. 5009 dated 14th July, 1983. 3. The petitioner has challenged the aforesaid impugned order dated 14th July, 1983 in the present case. In the meantime, Special Leave Petitions were also preferred before the Supreme Court against the judgment passed in C.W.J.C. No. 481 of 1980 and analogous cases. 4. This case was admitted on 18th November, 1983 and interim order was passed in favour of petitioner. The petitioner was allowed to work as Subdivisional Officer, with specific directions to the Respondents not to revert him, subject to condition that his continuance as such will not prejudice or affect the promotion and other chances of any other competent officer of the department concerned. 5. In view of interim order aforesaid, the petitioner continued as Subdivisional Officer and superannuated on 31 st January, 1998. 6. In the meantime, the Supreme Court while affirmed the judgment of this Court passed in C.W.J.C. No. 481 of 1980, gave certain protection to those who continued by interim arrangement as Subdivisional Officer but retired from the service. This will be evident from order of Supreme Court dated 23rd January, 1996, passed in Civil Appeai No. 5301 of 1983 and analogous cases (Annexure-36).
This will be evident from order of Supreme Court dated 23rd January, 1996, passed in Civil Appeai No. 5301 of 1983 and analogous cases (Annexure-36). In the said case, the Supreme Court taking into consideration the fact that appellants of those cases, except two, had already retired from service, observed that the order as made final, but whatever position the respective appellants held at the time of retirement, they must be deemed to have retired according to rules with all consequential benefits and the said order was ordered not to have any effect on the chance of Respondents continuing in the respective posts or their entitlement to any promotional post in accordance with law. 7. In the present case, admittedly, the petitioner continued as Subdivisional Officer in view of interim order dated 18th November, 1983. He superannuated from service on 31 st January, 1998, whereinafter he is entitled for retiral benefits in accordance with law. The pension, gratuity etc. are to be fixed on the basis of last pay drawn by petitioner. 8. In the facts and circumstances, the posting order having continued till the date of retirement, while I find no reason to interfere with the same at this stage, also hold that the petitioner will not be adversely affected in the matter of post retiral benefits to which he is entitled on the basis of last pay drawn by him. 9. The writ petition stands disposed of with the aforesaid observations. No cost.