Deba Prasad Pal v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 17852 of 2023 Dr. Deba Prasad Pal VS The State of West Bengal & Ors.

Mr. Deb Narayan Roy .... For the petitioner Mr. Lalit Mohan Mahata Mr. Sadhan Kumar Halder .....For the State Affidavit of service filed in Court today, is 25.6.2024 (Item No. ML191) (AB) taken on record.

Mr. Deb Narayan Roy, learned advocate appears for the petitioner.

Mr. Lalit Mohan Mahata, learned Additional Government Pleader along with Mr. Sadhan Kumar Halder, learned advocate appear for respondent Nos. 1 to 5.

Rest of the respondents are not represented.

The petitioner claims his alleged contractual remuneration for the period during July 10, 1979 to July 19, 2009.

The claim of the petitioner has already been rejected by the respondent No. 8 by its reasoned communication dated March 2, 2023, annexure P-8 at page 45 to the writ petition with the following observation:

"In reference to your letter with subject mentioned above this is to inform you that your engagement was made on the approval of this

Department's Memo No. 3764-RD/PH&S/PH/2M4/08 dated 15th June, 2009 and you had joined on 20.07.2009 as a part time contractual Homoeopathic Medical Officer at Gourhati-II Gram Panchayat under Arambagh Panchayat Samity in Hooghly district.

Accordingly there is no ground to meet up the claim for dues from 10.07.1979 to 19.07.2009 as mentioned in your petition."

The plea for rejection shows that, the petitioner had joined as a contractual Homoeopathic Medical Officer on July 20, pursuant to the departmental memo dated June 15, 2009. Therefore, the question of paying the petitioner with his alleged dues since 1979 did not and could not arise.

The reasons shown in the said communication dated March 2, 2023 are just, proper and cogent. Unless the employment is approved a contractual employee cannot claim any remuneration. The record shows that the Government approval memo was dated June 15, 2009 for the contractual employment of the petitioner.

In view of the foregoing discussions and reasons this Court is of the view that, there is no scope for any interference with the said impugned reasoned communication dated March 2, 2023.

Accordingly, this writ petition W.P.A. 17852 of 2023 being devoid of any merit, thus, stands dismissed, without any order as to costs.

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

(Aniruddha Roy, J.)