SUBRATA DEB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Chairman of the Raiganj Municipality vide his communication dated December 30, 2010 addressed to the Director of Local Bodies, West Bengal, submitted a proposal for absorption of eight (8) number of group -D category staff against sanctioned vacant posts in the municipality. The Chairman informed the said Director of Local Bodies that the Board of Councilors of the municipality had taken a resolution in respect of engagement of those employees, who were performing duties in the municipality, but they were not absorbed against the sanctioned vacant group -D posts due to non -receipt of government approval in the matter. The employees concerned following decision of the Board of Councilors have been granted scale of pay in the group -D post on different dates, the details of which were being furnished to the said directorate in separate sheets along with the communication dated December 30, 2010. The Chairman proposed that those employees might be absorbed against sanctioned group -D posts as such posts were lying vacant in the municipality. The chairman also emphasized that such absorption was necessary and they could be absorbed on obtaining approval from the government against the sanctioned vacancy in the municipality.

(2.) THE learned advocate appearing on behalf of the State respondents submits that having regard to the nature of appointment given to the writ petitioner on January 31, 2003, his services could not be regularised. In support of such contention, he has referred to a decision of the Supreme Court in the case of Secretary, State of Karnataka vs. Uma Devi (3) reported in (2006) 4 S.C.C. 1.

(3.) IT appears that another learned Single Judge of this court disposed of a similar writ application being W.P. 5840 (W) of 2013 by directing the Director of Local Bodies and Ex -Officio Joint Secretary, Government of West Bengal, to consider the proposal of the municipal authority and take the ultimate decision thereon keeping in mind that the service of the petitioners has been utilized by the municipal authority for a long period on payment of salary in the scale of pay which is admissible to the regular group -D employees. The entire exercise in that regard was directed to be completed within four weeks from the date of communication of this order as most of the petitioners were due to retire shortly. The concerned authority was also directed to intimate its decision to the municipal authority within a week thereafter.