Rafiqul Hasan & Ors vs The Chairman
2022 Latest Caselaw 3865 Cal

                                     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

(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

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

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

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

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.)