CALCUTTA MUNICIPAL CORPN Vs. SWAPAN DHAR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 8th January, 1992 passed by Mohitosh Majumdar (As His Lordship then was).

(2.) The facts relevant for the purpose of appeal are set out below :- The writ petitioner-opposite parties' service was transferred by Calcutta Metropolitan Development Authority to the Calcutta Municipal Corporation by order dated 8th June, 1978 stating inter alia, "the following 12 tubewells sunk by CMDA have already been handed over to Calcutta Corporation along with its operating Staff for maintenance. The names of MR Staff of CMDA engaged in operating the Deep tubewells are noted against each. Those MR Staff engaged in operating the deep tubewells who had been operating those tubewell were being paid at Rs. 9.20 per day according to decision of the Authority of CMDA. They are being directed to join the Calcutta Corpn. by 15.6.78. Names of places where tubewells sunk and Name of Operation staff. Landed over. <FRM>JUDGEMENT_153_CALLT1_1994Html1.htm</FRM>

(3.) Because of indifferent attitude taken by the authorities concerned the writ petitioner opp-parties have come to this Court on earlier three occasions. The first writ application fled by the writ petitioner opp-parties in CR 9141(W) of 1986 was disposed of on 11th July, 1986 by the following order : "This is an application under Art. 226 of the Constitution. The petitioners were initially appointed in the office of the Calcutta Metropolitan Development Authority, in short CMDA in the department of water supply and environmental Hygiene Sector. There are 19 petitioners in this proceedings. Some of them were appointed in the year 1974, some in the year 1975 and others in the year 1976 as Master Roll Staff. The petitioners were engaged in operating pump of Deep Tubewells in Calcutta.