Shibupada Panigrahi v. State Of West Bengal And ORS.

26.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15799 of 2022 Shibupada Panigrahi -versus The State of West Bengal & Ors.

Mr. Sunny Nandy, Mr. Purnendu Maity, Mr. Subha Pathak, Mr. Tamal Singha Roy.

...For the Petitioner.

Mr. Sujoy Bandyopadhyay, Mr. Shambhu Mahato.

...For the Municipality.

The petitioner was serving in the Midnapore Municipality. He retired from service on attaining his normal age of superannuation on 28th February, 2022. The grievance of the petitioner is that he is not being paid the terminal benefits as his promotion in the post of Collecting Sarkar has not yet been approved by the Director of Local Bodies.

It appears from the communication dated 4th July, 2022 by the Director of Local Bodies to the Chairman, Midnapore Municipality that certain documents were called for from the Municipality for taking further action in the matter.

The Court has not been made aware as to whether the said documents were supplied by the Municipality to the Director of Local Bodies. In view of the above, the present writ petition is disposed of by directing the Chairman, Midnapore Municipality to forward to the Director of Local Bodies all the necessary documents relating to the post facto approval of the service of the petitioner in the promotional post of Collecting Sarkar positively within a period of four weeks from the date of communication of a copy of this order.

The Director of Local Bodies is directed to take a call in the matter within a period of eight weeks from the date of receipt of the documents from the Midnapore Municipality. If required, an opportunity of hearing may be given to the petitioner as well as the Municipality prior to taking a decision in the matter. A reasoned order shall be passed by the Director of Local Bodies and communicated to the parties immediately thereafter.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)