Biswanath Singha vs State Of West Bengal & Ors
2022 Latest Caselaw 1092 Cal

                                   W.P.A. 3800 of 2018
94.   08.03.2022
BD    Ct.15
                                   (Through Video Conference)

                                     Biswanath Singha
                                           -vs-
                                State of West Bengal & Ors.

                                        Mr. Shankar Biswas
                                           ... for the petitioner.

                                        Mr. Jaharlal De
                                        Mr. Shamim Ul Bari
                                            ... for the State


                           The writ petition is taken up for hearing in

                   presence of learned advocates representing the writ

                   petitioner and the State respondents. However, the

Baidyabati Municipality is not represented today.

It has been argued on behalf of the

petitioner that though petitioner was appointed in

the post of clerk with effect from 2nd April, 1991

and subsequently petitioner was placed in the

regular scale of pay with effect from 1st January,

1997 till date the approval of appointment has not

been finalized with regard to the service rendered

by the petitioner.

The Director of Local Bodies, Government of

West Bengal, vide order dated 29th December, 2017

has refused the prayer of regularisation of the

petitioner in the post of clerk.

However, Mr. Biswas, learned advocate,

during course of hearing relied upon an order of

Division Bench dated 19th March, 2021 passed on

an intra Court appeal being MAT 65 of 2021 which

according to the petitioner comes in his aid.

Mr. Jaharlal De, learned advocate,

representing the State respondents has prayed for

time to come prepared in view of the Judgment

delivered by the Hon'ble Division Bench on 19th

March, 2021 as referred to above.

Mr. Biswas, learned advocate, representing

the petitioner is directed to serve notice upon the

learned advocate who represents the Baidyabati

Municipality by 10th March, 2022.

Hearing of this matter stands adjourned till

31st March, 2022 when it will appear under the

heading "Specially Fixed Hearing".

(Saugata Bhattacharyya, J.)