KHUKU KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are the heirs and legal representatives of the original writ petitioner Santosh Kundu, a retired employee of the Santipur Municipality, who expired during the pendency of the writ petition. The employee was appointed as Technical Assistant on 2/3/1991. In the meeting of the Board of Commissioners held on 31/12/1992, resolution was adopted to grant scale of pay for the post of Road Sarkar to the employee with effect from 1/1/1993. On and from 1/3/1995 the employee was promoted to the post of Sub Assistant Engineer.

(2.) The Chairman of the Municipality, by communicating letter dtd. 18/10/2017, approached the Director of Local Bodies for issuance of approval of the employee to the sanctioned post of Sub Assistant Engineer from the date of his promotion that is 1/3/1995. The Director of Local Bodies, vide communication dtd. 27/9/2021, intimated the Chairman of the Municipality to forward copy of the government approval of the appointment of the employee to the post of Sub Assistant Engineer and an approved profile (IOSMS) of the employee. The employee retired from service on attaining his normal age of superannuation on 31/1/2022.

(3.) The request for post facto approval for promotion of the employee stood rejected vide communicating memo of the Deputy Secretary, Urban Development and Municipal Affairs Department dtd. 16/12/2022. The same is impugned in the instant writ petition.