Ranajit Chakraboty v. Bidhannagar Municipal Corporation ANR ORS

Item No. 7 In The High Court At Calcutta Constitutional Writ Jurisdiction 16.12.2020 (Via Video Conference) Ct. No.24 WPA No. 8745 of 2020 Ranajit Chakraborty v.

Bidhannagar Municipal Corporation & Ors.

Mr. Samim Ahammed Mr. Arka Maity ... for the petitioner.

Mr. Debabrata Saha Roy Mr. Arka K. Nag Mr. Subhankar Das ... for the Bidhannagar Municipal Corporation.

The petitioner was a contractual employee of the Bidhannagar Municipal Corporation. The petitioner alleges that on and from October 2018 he was restrained from recording his attendance in the biometric form. He was paid his salary till December 2018. On and from January 2019 he was prevented to perform his duties. The Board of Councillors of the Corporation adopted a resolution on September 9, 2019 wherein it has been recorded that the prayer of the petitioner for reinstatement shall be taken into consideration. The petitioner submits that his prayer has not yet been taken up for consideration by the Board of Councillors.

He prays for necessary orders upon the Board of Councillors for reconsideration of his case sympathetically.

The learned advocate representing the municipal Corporation submits that the petitioner was a contractual employee. He has since been discharged from service. However, since a resolution has been adopted by the Board of Councillors the prayer of the petitioner for reinstatement may be considered. In view of the submissions made on behalf of both the parties and in view of the fact that the Board of Councillors already took a resolution to reconsider the prayer of the petitioner for reinstatement accordingly, the instant writ petition is disposed of by directing the respondent no. 2 to reconsider the prayer of the petitioner for reinstatement in the light of the resolution adopted in the meeting of the Board of Councillors held on September 9, 2019 within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

WPA No. 8745 of 2020 stands disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

sh ( Amrita Sinha, J.)