Subrata Sarkar vs The State Of West Bengal & Ors
2022 Latest Caselaw 6885 Cal

   20
23.09.2022
   d.p.


                          In The High Court At Calcutta
                         Constitutional Writ Jurisdiction
                                 Appellate Side

                                W.P.A 5862 of 2022

                                   Subrata Sarkar
                                      -versus
                             The State of West Bengal & Ors.


                       Mr. Arunava Ghosh,
                       Mr. Dwaipayan Sengupta,
                       Mr. Ravi Kumar Debey,
                       Ms. Pranati Das.
                                   ...For the Petitioner.

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

                       Mr. Biswabrata Basu Mallick,
                       Mr. Sayak Chakraborty.
                                   ...For the State.



                   The petitioner is a retired employee of the
             Chakdaha     Municipality.    After   his   retirement,   the
             petitioner has been paid the amount on account of
             provident fund but the gratuity and pension is still due
             and payable allegedly on account of non-approval of the
             service of the petitioner.


                   Learned advocate appearing for the petitioner
             submits that the petitioner was appointed against a
             sanctioned vacant post.


                   The    Chakdaha        Municipality    made    several
             representations before the Director of Local Bodies
             seeking post facto approval of the service of the
             petitioner. The same has not been accorded till date.
                       2




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


      As it appears that the petitioner has retired from
service on 31st July, 2022 and is yet to be paid his
terminal benefits, 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.)