The State Of West Bengal & Ors vs Debdas Saha & Ors
2023 Latest Caselaw 4270 Cal

   D/L
Item No. 50
17.07.2023
 KOLE

                                 MAT 1775 of 2022

                       The State of West Bengal & Ors.
                                   -Vs.-
                             Debdas Saha & Ors.


              Mr. Tapan Kr. Mukherjee, Sr. Adv.
              Mr. Pinaki Dhole,
              Mr. T. Sinha,
                                                        ... for the appellants.

              Mr. Partha Sarkar,
              Mr. Abhijit Basu,
                                        ... for the respondent/writ petitioner.

Mr. Dipankar Mondal, ... for the Municipality.

A judgment and order dated November 15, 2019,

whereby the writ petition of the respondent no. 1 herein,

being WP No. 10717 (W) of 2015 was allowed by a learned

Single Judge of this Court, is the subject matter of challenge

in this appeal.

The operative portion of the order under appeal reads

as follows:

"In view of the foregoing discussion made above I allow the Writ Petition by quashing the impugned undated order being annexure 'P-16' to the writ petition and direct the Director of Local Bodies, Government of West Bengal/respondent no. 4 to grant post facto approval to the appointment of the writ petitioner from the date of his absorption in the respondent Municipality in the sanctioned post as a "Ledger Clerk" by the resolution of the Board of Councillors of the Municipality dated 01.07.1996, as per Government order no. 207/MA/O/C-4/1A/2000 dated 7th May, 2009 and Government order no.

422/MA/O/C-4/1A/2000 dated 19th August, 2009 issued by the Government of West

Bengal, Department of Municipal Affairs and direct the respondent authorities concerned to make payment of all post retiral benefits including pension to him as of a permanent employee of the respondent/Municipality. The whole exercise of approval and payment of all such post retiral dues to the petitioner must be completed by the respondents concerned within 12 weeks from the date of communication of this order. In case of default in making payment of all post retiral dues within the aforesaid stipulated period respondents shall pay the same with interest to the petitioner at the rate of 6% from the date of retirement till the date of actual payment of such arrears."

Learned Advocate for the respondent no. 1/writ

petitioner says that pursuant to the impugned order, the

respondent no. 1 was accorded post facto approval and has

also received his retiral benefits. Hence noting remains in

the appeal.

Mr. Dhole, learned Advocate for the appellant/State

seeks time to obtain better instructions.

List the matter once again on 20.07.2023 under the

heading "For Orders".

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)