Calcutta High Court (Appellete Side)
Utpala Khan vs The State Of West Bengal & Ors on 30 January, 2023
Item No. 17
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
30.01.2023
Ct-24
WPA 26466 of 2022
Utpala Khan
v.
The State of West Bengal & Ors.
Mr. Samiran Mondal
Mr. Abhinaba Dan
Mr. Nitish Samanta
... for the petitioner.
Mr. Dipankar Mandal
Mr. Abdul Aziz Mondal
... for the Municipality.
Mr. Pinaki Dhole
Ms. Ananya Neogi
... for the State.
The husband of the petitioner was an employee of
Chakdaha Municipality. He died-in-harness on
December 20, 1993. The petitioner being the widow
applied for being appointed on compassionate ground.
By a resolution adopted by the Board of
Councillors of the Municipality, the petitioner was
provided temporary appointment in February 1994.
By a communication dated July 30, 1996 the
Chairman of the Municipality intimated the petitioner
that as per the resolution of the Board of Councillors
dated July 1, 1996 she was absorbed in the post of bill
clerk in the scale of pay together with other allowances
with effect from August 1, 1996.
2
The petitioner is in service till date and she is due
to attain her age of superannuation on October 31,
2024.
The petitioner apprehends that in view of non-
approval of her service by the State, she may be deprived
of her terminal benefits.
The petitioner relies upon a communication made
by the Joint Secretary, Government of West Bengal,
Urban Development and Municipal Affairs (Municipal
Affairs Branch) to the Director, Directorate of Local
Bodies with copy to the Chairman, Chakdaha
Municipality regarding regularization of employees
engaged in Chakdaha Municipality and its approval from
the Directorate of Local Bodies.
By the said communication the Director,
Directorate of Local Bodies was requested to look into
the matter in respect of some employees (Regular) of
Chakdaha Municipality and take appropriate action for
approval of posts so that their names are included in the
IOSMS portal. The petitioner contends that details of the
petitioner have duly been forwarded by the Municipality
to the Directorate of Local Bodies for post-facto approval
of her service.
The petitioner also filed a representation before
the Directorate of Local Bodies in November 2022 and
alleges that the same has not been taken up for
consideration till date.
Reliance has been placed on a judgment delivered
by this Court on November 15, 2019 in WP No.
10717(W) of 2015 (Debdas Saha v. The State of West
3
Bengal & Ors.) on a similar issue in connection with the
selfsame Municipality.
Learned advocate representing the Municipality
relies upon an order dated September 21, 2020 passed
by this Court in WPA 18167 of 2022 in (Bablu Ghosh v.
The State of West Bengal & Ors.) wherein the Court
directed the Directorate of Local Bodies to take a
decision with regard to the prayer of the petitioner for
grant of terminal benefits in accordance with law. The
petitioner was given liberty to rely upon all documents
including the judgments passed by this Court and the
Hon'ble Supreme Court in similar matters.
Learned advocate representing the State
respondents submits that the documents annexed to the
writ petition does not reveal whether the petitioner was
appointed after conducting a regular selection process. It
is also not clear whether the petitioner was appointed on
regular basis or on compassionate ground.
It has been submitted that the judgment relied
upon by the petitioner in the matter of Debdas Saha
(supra) has been carried forward in appeal which is
pending disposal.
Upon hearing all the parties and upon perusal of
the documents placed before this Court it appears that
though the petitioner is in service from February 1994,
her service is yet to be approved by the Government.
The petitioner made representation before the
Municipal Affairs Department and before the Directorate
of Local Bodies seeking post-facto approval of
appointment of her service. No communication has been
made by the respondents in response to the
representation made by the petitioner.
As the petitioner is due to retire in October 2024,
it is incumbent for the respondents to take a decision
with regard to her prayer for according post-facto
approval of her service.
In view of the above, the Directorate of Local
Bodies is directed to take a decision with regard to the
representation filed by the petitioner in November 2022
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.
sh (Amrita Sinha, J.)
