Deb Kumar Banerjee v. State Of West Bengal And ORS.

19.12.2023 A.G.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 22690 of 2023 Deb Kumar Banerjee -versus The State of West Bengal & Ors.

Mr. Sankar Biswas.

Ms. Ananya Adhikary.

...For the Petitioner.

Mr. Sabyasachi Mondal.

... For the State.

Mr. Suman Basu.

Ms. Ananya Roy.

... for the Municipality.

The petitioner is a retired employee of Garulia Municipality.

His prayer for grant of terminal benefits from the date of his appointment was rejected by the Director of Local Bodies. He is aggrieved by the same.

The petitioner relies upon the decision passed by this Bench on 12th September 2023 in WPA 5381 of 2023 (Parwati Bansfore -Vs- The State of West Bengal & Ors).

The petitioner submits that he stands on the same footing as that of Parwati Bansfore (supra). Prayer has been made for passing similar direction.

Learned advocate representing the Municipality and the State submits that the petitioner may be given the same benefits as in the matter of Parwati Bansfore (supra).

In view of the above, the impugned order passed by the Director of Local Bodies is set aside. The Director of Local Bodies is directed to treat the petitioner in the same bracket as that of the other 53 pre-1992 casual workers and extend similar pensionary benefit as extended in favour of the employees whose service stood approved vide Memo dated 20th February 2006.

The authority is directed to calculate the terminal benefit of the petitioner on and from his initial date of joining and release the payment, after adjustment of the provisional pension already paid at the earliest but positively within a period of four months from the date of communication of this order.

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.)