Calcutta High Court (Appellete Side)
Mohan Chandra Mondal @ Mohan ... vs The State Of West Bengal & Ors on 5 May, 2022
05.05.2022
Court No. 19
Item no.14
CP
WPA No. 3579 of 2022
Mohan Chandra Mondal @ Mohan Mondal
Vs.
The State of West Bengal & ors.
Mr. Debabrata Karan
Ms. Sabita Khutia (Bhunya)
Mr. Debopriyo Karan
....for the petitioner.
Mr. Himadri Sikhar Chakraborty
Ms. Debdooti Dutta
....for the State.
The petitioner was engaged as a 'Saha-
anuprerak (VT)' in the Haturia - I Gram Panchayat
with effect from January 1, 1997. It is not in dispute
that his name had appeared in the approved list of
Saha-anuprerak issued by the Additional District
Magistrate (Dev), Howrah dated June 2, 2004. The
petitioner was thereafter disengaged sometime in
2013. Although the order of
disengagement/discontinuation of the petitioner is
not in the records of the Block Development Office,
Bagnan, Howrah, the petitioner himself submits that
such disengagement took place sometime in 2013.
The writ petition has been filed for an order of
appointment of the petitioner to any group - D post
under the Department of Panchayat and Rural
Development, Government of West Bengal and for
2
payment of remuneration on the basis of memo dated
April 23, 2010 for the period between the date of
issuance of the said memo till the date of
disengagement of the petitioner.
The District Mass Education Extension
Officer, Howrah has intimated the District
Magistrate, Howrah that the Continuing the
Education Programme, under which the Saha-
anupreraks were engaged had been discontinued
sometime in 2009.
The learned advocate for the State respondents
has also relied upon on a Division Bench judgment
of this court, passed on January 18, 2019 in WP
25879 (W) of 2018 in order to substantiate that the
Division Bench had noted that the scheme under
which the petitioner had been appointed had been
discontinued long ago. The association of Saha-
anupreraks had moved this court by filing a public
interest litigation for payment of remuneration and
other reliefs. The writ petition was dismissed. The
special leave petition was dismissed by the Hon'ble
Apex Court with liberty to the parties to file
individual grievances before the High Court.
Admittedly, the petitioner was engaged in a
project. The purpose of such engagement was to
arrange periodical training in literacy centres. The
project under which such engagement was made was
discontinued on and from September 30, 2009.
Thus, the petitioner has not been working as a Saha-
anuprerak since discontinuation of the project. If the
panchayat authorities continued with the service of
the petitioner in the said office of the gram panchayat
between October 2009 till the date of disengagement
allegedly in 2013, the same must have been a private
arrangement between the gram panchayat and the
petitioner and such arrangement would not vest any
right upon the petitioner to be appointed under any
group - D post.
Moreover, the petitioner is 55 years old and
has crossed the age bar to appear in any selection
process to be held under the state Government or its
departments.
The petitioner has approached this court after
9 years from the date of his disengagement seeking a
mandamus upon the respondents to appoint the
petitioner in a post under the government or local
bodies.
The writ petition cannot be entertained for the
reasons as aforesaid. The petitioner does not have a
vested legal right to be appointed. The engagement of
the petitioner to a particular post for a project was
discontinued in 2009. The engagement of the
petitioner by the panchayat authorities after such
project was stopped is also not fortified by any
documents.
The writ petition is disposed of without any
orders.
With regard to the applicability of the circular
dated April 23, 2010, this court is of the view that
the said circular could not be given retrospective
effect as the project under which the petitioner had
been engaged was discontinued in September, 2009.
There shall be no order as to costs.
Parties are to act on the server copy of this
order.
(Shampa Sarkar, J.)
