DIPANKAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ application has been preferred praying for direction upon the respondents to show cause as to why the Memo No. 663/DLB/Verification 1/2002 (pt-1) dtd. 27/5/2013 issued by Director of Local Bodies, West Bengal as well as Order No. Adm/1E-2017/123/641 dated 01-11- 2017 issued by the Chairman, Tarakeswar Municipality shall not be quashed and/or set-aside for the ends of justice.

(2.) It is further prayed that the respondents be directed to approve the petitioners service in Group - "C" Post in the scale of pay Rs.3350.00 - 6325/-(erstwhile Rs.300.00 685/-) which they were enjoying since August, 2003 to October, 2017 and have further prayed for direction that the respondents should not give effect to the Memo No. 663/DLB/Verification-1/2002 (pt-1) dated 27- 05-2013 issued by Director of Local Bodies, West Bengal as well as Order No. Adm/1E- 2017/123/641 dtd. 1/11/2017 issued by the Chairman, Tarakeswar Municipality.

(3.) The petitioners' case herein is that they were appointed as Rent Collectors (Group-D") at Tarakeswar Municipality in 1994. Subsequently due to retirement of several Group-"C" staffs, and as per order passed by the Chairman of said Municipality, the petitioners are performing duties of Group "C" staffs. Board of Councillors of said Municipality took resolution on 28/6/2003 thereby considering financial liabilities, considered to pay Group -"C" scale of pay to the petitioners and wrote letter dtd. 12/8/2003 to the Directorate of Local Bodies (DLB), with request to move the government for sanction of scale of pay to the petitioners as per G.O. No. 15/C-9/MIN-3/89 dtd. 20/4/1982.