PRADIP KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this Writ Petition, 16 Petitioners have prayed for setting aside the Order dated 29.2.2008 as contained in the enclosure to the letter dated 6.3.2008 (Annexure-P/9) whereby and whereunder and, in purported compliance of the Order dated 31.7.2007 passed in W.P. 27417 (W) of 2006, the Secretary of the Kolkata Metropolitan Development Authority refused to allow the prayer of the Petitioners pertaining to restoration of their original position in the Gradation List of the Typist-cum-Clerks prior to the issuance of Memo dated 18.2.1985 plus consequential benefits. The Petitioners have also prayed for quashing of the Memo dated 18.2.1985 as contained in Annexure-P/1 and for the issuance of a Writ of Mandamus directing the authorities to restore their position from Sl. Nos. 295 to 329 in the provisional Gradation List together with all service benefits.

(2.) IN CAN 4116 of 2010, the Applicant is one Dhananjay Bhattacharya who is also the Petitioner No. 6 in the Writ Petition. He has, in this Application, has prayed that the authorities be directed to regularise his services as a Muster-roll employee on the post of a Typist-cum-Clerk w.e.f. 1.8.1979 and grant him of salary, allowances etc. which are admissible and attached to a such post w.e.f. the said date. This Petitioner has further prayed for an Order commanding upon the Respondents and specially, the Respondent Nos. 2 to 4, to create a Super Numerary Post of Senior Assistant w.e.f. 1.8. 1983 to 7.10.1987 in the scale of Rs. 380 to 910 under ROPA 1991 (since revised to Rs. 1260-2610 under ROPA 1991) and, subsequently, to Rs. 4000-8850 under ROPA 1998, and to accommodate him on that post with retrospective effect from 1.8.1983. The Petitioner No. 6 has also prayed that the Respondents be directed to regularise his services according to his placement as a Typist-cum-Clerk w.e.f. 1.8.1979 and, on the post of a Senior Assistant w.e.f. 1.8.1983 and, to grant him salary, allowance etc. in the pay scale of Rs. 380 to 910 under ROPA 1981 (since revised to Rs. 1260-2610 under ROPA 1991) and subsequently, to Rs. 4000-8850 under ROPA 1998. This Petitioner No. 6/Applicant has made a further prayer for an Order of injunction restraining the Respondents from finalising and/or publishing the final Gradation List of Senior Assistants in the Kolkata Metropolitan Development Authority which was published in terms of the provisional Gradation List dated 11.8.2009 and also restraining them from giving effect to the said provisional Gradation List till his case is considered for regularisation of services as Typist-cum-Clerk w.e.f. 1.8.1979. FACTS PLEADED

(3.) PURSUANT to the said Order, the Petitioners filed a Representation on 14.8.2007 along with all necessary documents wherein they highlighted the issues mentioned in Para-14 of the Writ Petition. The said Representation/Objection is Annexure-P/5 at Page 67 of the Writ Petition. The said Representation remained dormant for quite some time as a result whereof, the Petitioners sent a reminder on 21.8.2007 vide Annexure-P/6. On 23.11.2007, the Petitioners were informed and were asked to be present before the Secretary, KMDA on 14.12.2007 for hearing. They accordingly appeared on the said day but they were not given any opportunity of hearing and on the contrary and as has been stated in Para-20, were told that nothing will be done and that the bunch of 34 persons who were already given the benefit of placement below Sl. No. 294 and above Sl. No. 295 would remain as such. The Petitioners again requested that they be first shown the Merit Panel of 1979 but it was not shown to them. Thereafter, the Respondent authorities kept silent over the issue and after the lapse of about three months, sent a Notice under the Contempt of Courts Act vide Annexure-P/8 stating inter alia that in the event no Order was passed, the Petitioners would take appropriate action under the Contempt of Courts Act.