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Calcutta High CourtMAT/1346/2021disposed

Nitu Hazra And ORS v. State Of West Bengal And ORS.

2022-02-22Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Kausik Chanda2 pages

D/L Item No. 16 22.02.2022 KOLE MAT 1346 of 2021 With IA No. CAN 1 of 2021 Ms. Nitu Hazra (Mukherjee) & Ors.

-Vs.- The State of West Bengal & Ors.

Mr. S. Saha, ... for the appellants.

Mr. C. Bhattacharya, Mr. S. Roychoudhury, ... for the State.

Mr. A. Agarwala, ... for the Municipality.

By consent of the parties the appeal and the application are taken up for hearing together. The appellants claim to be employees of Jhalda Municipality. They approached the learned Single Judge with the grievance that they were being wrongly prevented from discharging their duties. The Learned Single Judge disposed of the writ petition by directing the Board of Administrators, Jhalda Municipality to allow the writ petitioners to join in the posts to which they were appointed. Learned Judge granted liberty to the writ petitioners to take appropriate steps by approaching the Director of Local Bodies for payment of arrear salary.

The writ petitioners have come up in appeal. Learned Advocate for the appellants say that the grievance of the appellants stands redressed inasmuch as they have been allowed to join their respective duties from February this

year. The appellants say that they have made representation to the Director of Local Bodies for payment of their arrear salary. We direct the Director of Local Bodies to dispose of the writ petition made by the appellants in accordance with law and the applicable rules and regulations within a period of eight weeks from the date of communication of this order. Since the grievance of the appellants stands redressed, they do not wish to press this appeal. On the prayer of learned Advocate for the Municipality, we clarify that this order shall not stand in the way of any proceedings that the employer may be entitled to initiate against the appellants in accordance with law.

The appeal and the connected application are, accordingly, disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Arijit Banerjee, J.) (Kausik Chanda, J.)