State Of West Bengal & Anr vs Swapan Kumar Das & Ors
2023 Latest Caselaw 1148 Cal

10.   10.02.2023
      Ct. No.6
      Tanmoy


                                       MAT 1105 of 2022

                                  State of West Bengal & Anr.
                                            -Versus-
                                   Swapan Kumar Das & Ors.

                                             With
                                     IA No: CAN/1/2022


                       Mr. Amal Kr. Sen, Ld. AGP,
                       Mr. Lal Mohan Basu, Adv.

                                             ...for the appellants/State.

                       Mr. Atarup Banerjee, Adv.,
                       Mr. Bapin Baidya, Adv.

                                             ...for the respondent no.1/

writ petitioner.

Mr. Habibur Rahaman, Adv.

...for the respondent no.2/ Municipality.

The State has come up in appeal against a judgment

and order dated May 17, 2022, whereby the writ petition of

the respondent no.1 herein being WPA 6695 of 2017, was

disposed of.

The respondent no.1 herein approached the learned

Single Judge challenging refusal of the Director of Local

Bodies, West Bengal, to grant post facto approval to his

employment by the Municipality. The operative portion of

the impugned judgment and order reads as follows:-

"The appointment of the petitioner is an irregular appointment and not an illegal appointment. The petitioner was engaged initially in the year 1989 and in the year 1996, the petitioner was appointed as

Account's Clerk in a specific scale of pay and till his retirement i.e. till 20.01.2018 without any order of Court. The Government of West Bengal has not granted approval and due to which the petitioner is not getting pension.

In view of the above, the impugned order dt. 06.02.2017 issued by the Director of Local Bodies, West Bengal is set aside. The respondent no. 2 is directed to consider the case of the petitioner and to grant post facto approval within four weeks from the date of communication of the order."

Appearing for the appellants, Mr. Amal Kr. Sen,

learned Additional Government Pleader has challenged the

impugned order on three counts as recorded in our order

dated January 9, 2023.

We are told that the Municipality did not file affidavit

before the learned Single Judge. Hence, its stand is not on

record.

The respondents are at liberty to file affidavits-in-

opposition to the stay petition within a fortnight from date

(24.02.2023). Reply thereto, if any, be filed within a

fortnight thereafter (10.03.2023).

List the matter under the heading "hearing" amongst

the first five items after four weeks (10.03.2023).

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)