Calcutta High Court (Appellete Side)
The State Of West Bengal & Ors vs Dr. Namita De & Anr on 11 February, 2021
11.02.2021
Item No. 6+7
Ct. No. 04
PG
M.A.T. 367 of 2018
I.A.no. CAN 1 of 2018 (Old CAN 2291 of 2018)
With
I.A. no. CAN 2 of 2018 (Old CAN 2293 of 2018)
With
I.A. CAN 3 of 2020
r
The State of West Bengal & Ors.
Vs.
Dr. Namita De & Anr.
With
M.A.T. 368 of 2018
I.A.no. CAN 1 of 2018 (Old CAN 2285 of 2018)
With
I.A. no. CAN 2 of 2018 (Old CAN 2294 of 2018)
With
I.A. CAN 3 of 2020
The State of West Bengal & Ors.
Vs.
Ashish Gangopadhyay (Ganguly) & Anr.
Mr. Amitesh Banerjee, sr. adv.
Sr. Standing Counsel
Mr. Jayak Kr. Gupta......for appellants
Mr. Soumya Majumdar
Ms. Kabita Mukherjee
Mr. Manas Dasgupta......for respondents/
writ petitioners
State is appellant. Mr. Banerjee, learned
senior advocate, Senior Standing Counsel appears on
its behalf. He submits, impugned in the writ petition
was memo dated 2nd August, 2012 being decision of
the State that no salary payment under WBS (ROPA)
Rules, 1998 or any other subsequent Revision of Pay
and Allowance Rules will be granted to employees
who crossed age of 60 years with effect from 1 st April,
2012. By impugned judgment dated 1st December,
2017 the memo was set aside and quashed. State was
directed to allow petitioner to resume her duties and
pay her current salary and allowances, to which she
would have been entitled had the memo not been
issued. Direction for payment of arrear salaries in 12
monthly installments was also made.
We find the writ petition has six
respondents, five of whom are the State and its
functionaries while the sixth is the Municipality. In it,
respondent/writ petitioner has referred, inter alia, to
memo dated 18th May, 1985, appointing her as
selected to the post of Medical Officer and entitled to
pay and allowances admissible to doctors appointed
in urban family welfare centres. She appears to be
aware that she would be treated as an employee of
the urban family welfare centre to be attached to
Dum Dum Municipality specified hospital. She in her
writ petition also says regarding general practice of
the family welfare centre raising bill for entire year
(April to March of following year) forwarded to the
Government for sanction of grant-in-aid based on the
bill. Her contention, as appears from paragraph 15, is
that the offending memo is in contradiction of memos
dated 25th March, 2008 and 11th June, 2008.
The offending memo is in respect of salaries
of employees of approved NGOs, granted from
Centrally Sponsored (New Scheme) Fund under direct
supervision of Family Welfare Branch of Health and
Family Welfare Department, Government of West
Bengal. Reference to employees in the memo,
therefore, means those employees. It says also that
the order supercedes all other orders in that regard
issued from time to time by the Government. We
would like demonstration that firstly, the offending
memo is in contradiction with earlier memoranda
dated 25th March, 2008 and 11th June, 2008 and
secondly, the Government does not have the power to
cause supersession of those memos by the offending
one.
List on 1st March, 2021.
Affidavit of service filed by respondent/writ
petitioner.
(Arindam Sinha, J.)
(Suvra Ghosh, J.)
