Bhola Mudi vs The State Of West Bengal & Ors
2022 Latest Caselaw 6790 Cal

   131
21.09.2022
   d.p.


                           In The High Court At Calcutta
                          Constitutional Writ Jurisdiction
                                  Appellate Side

                               W.P.A 18172 of 2022

                                     Bhola Mudi
                                      -versus
                             The State of West Bengal & Ors.

                       Mr. Sarwar Jahan,
                       Ms. Anwesha Halder,
                       Mr. Maidul Islam Kayal,
                       Mr. Sumit Naskar.
                                     ...For the Petitioner.

                       Mr. Pinaki Dhole,
                       Mr. Avishek Prosad.
                                    ...For the State.

                       Mr. Dipankar Mondal,
                       Mr. Abdul Aziz Mondal.
                              ...For the Chakdaha Municipality.

                   Affidavit-of-service filed in Court today is taken
             on record.


                   The petitioner is an employee of the Chakdaha
             Municipality who is due to retire from service on 30 th
             June, 2025. He apprehends that he will not be paid his
             terminal benefits as the Director of Local Bodies is yet
             to grant post facto approval to his appointment.


                   There has been several communications by and
             between the Municipality and the Director of Local
             Bodies with regard to post facto approval of his
             appointment but no decision has been taken by the
             Director of Local Bodies till date.
                           2




       No reason has been put forward by the Director
of Local Bodies for not according the post facto
approval to the service of the petitioner.


       Accordingly, the Director of Local Bodies is
directed to take a decision with regard to the prayer of
the    petitioner   for       grant   of   terminal   benefits   in
accordance with law at the earliest, but positively
within a period of eight weeks from the date of
communication of a copy of this order. The Director of
Local Bodies shall communicate the reasoned order to
the petitioner immediately thereafter.


       The Director of Local Bodies shall afford an
opportunity of hearing to the petitioner and the
representative of the Municipality prior to passing a
final order in the matter.


       The petitioner will be entitled to rely upon all
documents including judgments passed by this Court
and the Hon'ble Supreme Court in his favour at the
time of hearing.


       Learned advocate appearing for the petitioner is
directed to forward to the aforesaid respondent the

correspondences made between the Municipality and the Director of Local Bodies and the documents in support of the claim of the petitioner for grant of terminal benefits at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)