SANKAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The intra court appeal has been preferred questioning the legality of the judgment and order dated 2nd February, 2007 passed by the Single Bench in W.P.No.16659 (W) of 2002. The prayer was made by the petitioners in the writ petition for recasting the gradation list and to grant seniority from the initial date of their joining the service in the erstwhile Panchayat. In the alternative, prayer was made to grant their seniority from the date of inclusion of the Panchayat in the Mahestala Municipality i.e. with effect from 3.12.1993. It was the case of the petitioners that they were working in the erstwhile gram panchayat of Mahestala, Thakurpukur and Metiabruz Blocks as Tax Collecting Sarkars. Notification was issued on 3.12.1993 by which Government of West Bengal appointed various persons as Commissioners of the Mahestala Municipality which was constituted by another notification of the same date. A copy of the said notification was filed as Annexure P-1.

(2.) On 21.12.1993, the concerned District Magistrate passed an order whereby he made a declaration to the effect that as per the provisions of West Bengal Panchayat Act, all the properties, funds, assets, rights, liabilities and the staffs of gram panchayat should transfer to the newly constituted Mahestala Municipality.

(3.) It was submitted by the learned Counsel for the petitioner that they were existing staffs of gram pacnahayat on the date of their inclusion in Mahestala Municipality. Therefore, in terms of the order dated 21.12.1993 read with Section 6 (1) of the West Bengal Panchayat Act, 1973, they would be deemed to have become the employees of the said Municipality with effect from the date of such inclusion of the Gram Panchayat i.e. 3.12.1993.