Bablu Ghosh vs The State Of West Bengal & Ors
2022 Latest Caselaw 6791 Cal

   130
21.09.2022
   d.p.


                           In The High Court At Calcutta
                          Constitutional Writ Jurisdiction
                                  Appellate Side

                               W.P.A 18167 of 2022

                                     Bablu Ghosh
                                      -versus
                             The State of West Bengal & Ors.


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

                      Ms. Jhuma Chakraborty,
                      Mr. Aritra Ghosh.
                                   ...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
             November, 2022. 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
                           2




appointment but no decision has been taken by the
Director of Local Bodies till date.


      The        Chakdaha     Municipality   made   several
representations before the Director of Local Bodies
seeking post facto approval to the service of the
petitioner. The same has not been accorded till date.


      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.


      As it appears that the petitioner is going to retire
from service on 30th November, 2022, 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.)