Calcutta High Court (Appellete Side)
Secretary vs Swapan Kumar Santra & Ors on 27 September, 2023
27.09.2023
Item No.37
Court No.6.
S. De
M.A.T. 1140 of 2021
with
I.A. No. CAN/2/2022
The Director of Local Bodies & Ex-Officio Joint
Secretary, Government of West Bengal.
Vs
Swapan Kumar Santra & Ors.
Mr. Shamimul Bari, ...for the appellant.
Mr. Subhasis Bandopadhyay,
...for the Municipality.
Mr. Partha Sarkar,
...for the respondent.
Mr. Tapan Kr. Banerjee,
Ms. Tuli Sinha,
...for the State.
By consent of the parties the appeal and the
connected application are taken up together for
hearing.
This appeal is directed against a judgment and
order dated September 26, 2019, whereby the writ
petition of the respondent no.1 herein being WP No.
711(W) of 2019, was disposed of. The appeal is at the
instance of the Director of Local Bodies, Government
of West Bengal.
The respondent no.1 approached the learned
Single Judge with the grievance that although he had
been appointed as a Helper in Burdwan Municipality
with effect from November 1, 2001, against a
sanctioned vacant post, his pension and other retiral
benefits have been wrongfully withheld after his
superannuation.
The learned Single Judge came to a finding that
indeed the writ petitioner was appointed in a
sanctioned vacant post as a Street Light Helper. The
learned Judge also recorded the submission of learned
advocate for the Municipality that the post concerned
was a sanctioned vacant post. The learned Judge
disposed of the writ petition with the following
direction :
"Considering the submissions as
advanced by the learned advocates
for the parties and after perusing
the record, I direct the respondent
no.2, the Director of Local Bodies,
Government of West Bengal to give
post facto approval on the
appointment of the petitioner for the
post of 'Street Light Helper' in view
of the order dated 01.11.2011
issued by the Chairman Burdwan
Municipality against the sanctioned
vacant post and thereby the
respondent no.4, the Director of
Pension, Provident Fund & Group
Insurance will issue Pension
Payment Order in favour of the
petitioner and accordingly the
Chairman/Administrator Burdwan
Municipality will disburse the
pension and other retiral benefits of
the petitioner by 10th December,
2019."
Being aggrieved, the Director of Local Bodies has
come up by way of this appeal.
Mr. Bari, learned advocate appearing for the
appellant submits that firstly, no permission of the
State Government was taken by the Municipality prior
to appointing the respondent no.1/writ petitioner.
Secondly, the submission made on behalf of the
Municipality to the effect that the concerned post was
a sanctioned vacant post is factually not correct. Mr.
Bari submitted that the claim of the writ petitioner
may be referred to the Director of Local Bodies who
never had any occasion previously to consider the writ
petitioner's claim.
Learned advocate for the writ petitioner is
agreeable to this suggestion and says that the Director
of Local Bodies should take an independent impartial
decision relying on all relevant Government Circulars
and the relevant reports of the Municipality which
have been filed in Court.
Accordingly, we direct the Director of Local
Bodies & Ex-Officio Joint Secretary, Government of
West Bengal, to consider the writ petitioner's claim for
retiral benefits, in accordance with law, and also in
light of the Order No. 110/UDMA-
25011(11)/109/2022-LSG SEC dated February 6,
2023, issued by the Department of Urban
Development & Municipal Affairs, Government of West
Bengal and any other Circulars or papers that the writ
petitioner may present before the Director of Local
Bodies. The Director of Local Bodies shall take a
reasoned decision in the matter within a period of
eight weeks from the date of receipt of a copy of this
order along with all relevant documents from the writ
petitioner, after affording an opportunity of hearing to
all concerned parties including the writ petitioner or
his authorized representative and the Municipality. In
the event, the Director of Local Bodies finds that there
is merit in the claim of the writ petitioner, necessary
consequential orders will be passed forthwith so that
the retiral benefits of the writ petitioner are released as
early as possible and not later than two months from
the date of the decision taken by the Director of Local
Bodies.
Learned advocate for the respondent no.1/writ
petitioner says that other persons identically placed as
the writ petitioner have been receiving retiral benefits
after their superannuation. Papers relating to some
such cases are available with the writ petitioner. We
permit the writ petitioner to place such papers before
the Director of Local Bodies who shall duly consider
the same. He must keep in mind that all persons
similarly circumstanced must receive similar
treatment from the State. We are sure that although
the Director of Local Bodies is the appellant in the
present appeal, in view of the high and responsible
office that he holds, he will take an impartial decision
in the matter strictly in accordance with law observing
the principles of natural justice.
The order under appeal is set aside.
MAT 1140 of 2021 is disposed of along with the
application being I.A. No. CAN 2 of 2022.
Urgent certified photostat copy of this order, if
applied for, shall be given to the parties as
expeditiously as possible on compliance with all the
necessary formalities.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)
