W.P.A. 4262 of 2016
07 30.06.2022
Ct.15
(CAN 1/2016 (Old No. CAN 10850/16), CAN 2/2016 (Old No. CAN
rkd
10869/16), CAN 3/2022
Rafiqul Hasan & Ors.
-vs-
The Chairman, Dum Dum Municipality & Ors.
Mr. Saptarshi Roy,
Mr. Siddhartha Roy,
Mr. Arka Sengupta,
Ms. Kakali Das Chakraborty
....for the petitioner.
Mr. Biswabrata Basu Mallick,
Mr. Sayan Ganguly
....for the respondents.
Mr. Amales Roy, Mr. Aman Gupta, Ms. Mousumi Bhowal ....for the Municipality.
The application being CAN 3/2022 is for amendment of the prayer of the writ petition couched in W.P.A 4262 of 2016. The proposed amendment of the prayer of the writ petition is as follows:-
"(a) To pass appropriate order directing the respondents to release pensionary benefits in favour of Petitioner Nos.1 and 3, since deceased who being substituted by his widow wife in view of the judgement delivered in MAT No. 704 of 2007 (Chairman, Dum Dum Municipality & Ors. -Vs. Dr. Debranjan Biswas and Anr.) as well as W.P. No. 790 (w) of 2015 2 (Barnali Malakar Versus State of West Bengal and Ors;
(b) To pass an appropriate order directing the concerned
respondents to act in terms of the memos dated 07th May, 2009 read with 19th August, 2009 read with the judgment dated 22nd March, 2022 as passed in WPA 4259 of 2022 (Dr. Sakti Lal Chodhury - Versus - Chairman, Dum Dum Municipality) of this instant application and to grant Post approval and regularize the service of the applicant/writ petitioner Nos.7, 8, 9 and 10 being appointed in terms of the West Bengal Municipal Act, 1993 from the date of their respective confirmation of service;
(c) To pass appropriate order to regularize the service of the petitioners as well as release of pensionary benefits upon superannuation in view of the judgement delivered in Mat No. 704 of 2007 (Chairman, Dum Dum Municipality & Ors. Vs. Dr. Debranjan Biswas and Anr.) as well as W.P. No.790 (w) of 2015 (Barnali Malakar Versus State of West Bengal and Ors.) in respect of the petitioner nos.2, 4, 5, and 6 who are still in service being 3 appointed in terms of Bengal Municipal Act, 1932, forthwith;
(d) Such other relief or
reliefs as the applicant is
otherwise entitled to both under law and in equity which Your Lordship may deem fit and proper."
This Court has perused the proposed prayer which the applicants have sought to be inserted in the prayer portion of the connected writ petition by way of amendment.
Dum Dum Municipality is represented by Mr. Roy, leaned advocate and the State respondents are represented by Mr. Mallick, learned advocate.
Mr. Mallick has opposed the prayer for amendment by filing affidavit-in-opposition to the application for amendment. While opposing such prayer on behalf of the State respondents two points have been canvassed - one is application for amendment ought not to be entertained six years after filing of the writ petition and another point is if amendment application is allowed that will change the nature of the prayer in its entirety as couched in the writ petition.
Considering these two grounds taken on 4 behalf of the State respondents the matter has been heard.
Mr. Roy, learned advocate representing the applicants has rightly pointed out that amendment is required only to classify three groups of employees/retirees who are seeking retiral dues being petitioners.
In addition thereto in order to get the benefit of the order dated 3rd February, 2017 passed by a coordinate Bench in W.P.A 790 of 2015 and another dated 22nd March, 2022 passed by this Court on WPA 4259 of 2022 such proposed amendment is required since these two orders were passed by this Court during pendency of this writ petition.
Accordingly, this Court finds it apt to allow this application for amendment thereby directing the department to amend the prayer of the writ petition being WPA 4262 of 2016 in terms of the prayer which has been set out under Paragraph 18 Clauses (a), (b), (c) and (d) of the said application within a period of ten days from this date.
The advocate-on-record of the applicant is directed to extent necessary assistance to the department for carrying out such amendment.
After the amendment is carried out in terms 5 of the order passed by this Court the amended writ petition to be served by the learned advocate of the applicants upon all the respondents or the learned advocates of the respondents within seven days thereafter and file affidavit-of-service on the adjourned date.
The application for amendment being CAN 3/2022 stands disposed of.
(Saugata Bhattacharyya, J.)