ASIM KUMAR SINHA Vs. KONNAGAR MUNICIPALITY

JUDGEMENT

(1.) The Petitioner in this Article 226 petition dated August 20, 2004 is seeking a mandamus quashing the letter of the Chairman, Konnagar Municipality dated April 29, 2003, Annexure P8 at p.43, and commanding the Municipality and its officials to pay him all benefits with 18 per cent interest treating his resignation as a voluntary retirement.

(2.) By a letter dated December 31, 1976 the Municipality appointed the Petitioner to the post of Medical Officer, P.C. Dispensary and Kormagar Matrisadan-O-Sishumongal Pratisthan. By an order dated January 8, 1977 the Special Officer & Deputy Secretary (Ex-officio), Department of Health & Family Planning, Public Health Branch, Government of West Bengal approved the Petitioner's appointment under Section 66(2) of the Bengal Municipal Act, 1932.

(3.) The Model Pension Rules for Employees of the Local Bodies in the State of West Bengal issued by the Local Government and Urban Development Department of the Government of West Bengal under Memo No. 12/C-9/ P2P3/81(104) dated April 16, 1982 provided that resignation tendered by the employee or dismissal or removal of the employee would entail forfeiture of past service and consequent loss of right to pension.