Uttam Kumar Saha vs The State Of West Bengal & Ors.

The present writ petition has been filed challenging the order passed by the Director of Local Bodies dated 7^th May, 2025, whereby the petitioner’s claim for retiral benefits was in effect rejected. Records would reveal that the petitioner claims to have been initially appointed as a casual employee in the post of Typist of the municipality with effect from 4^th October, 1988 at the Scale of pay of Rs. 300-10-400-15-565-20-685 by order of Chairman of the municipality.

It is also the petitioner’s case that the municipality by a memorandum dated 29^th August, 2008 had requested the Director of Local Bodies, West Bengal to accord permission for absorption of the Pre’92 casual workers of the municipality. Pursuant to the aforesaid, the then Director of Local Bodies, West Bengal, vide memo dated 22^nd December, 2008 accorded permission for filling up 8 (eight) sanctioned vacant post by absorption of Pre’92 causal workers on the basis of their seniority and qualification. Copy of the aforesaid memorandum has been enclosed to the writ petition.

To morefully appreciate the same the relevant letter is extracted hereinbelow:-

In furtherance to the aforesaid, the Office of the Councillors of Jiaganj-Azimganj Municipality by an office order dated 20^th February, 2009 in exercise of powers conferred by Section 53(2) of the West Bengal Municipal Act, 1993 (hereinafter referred to as the said Act) had appointed the petitioner in the post of Lower Division Clerk in the scale of pay of 3350-90-3800-100-4700-125-6350 with effect from 2^nd March, 2009. The petitioner claims to have accepted the letter of appointment and had since joined the post on 2^nd March, 2009. In usual course the petitioner subsequently having reached the age of superannuation retired from service on 31^st January, 2025.

Since, the petitioner did not receive his retiral benefits the petitioner had approached this Court in W.P.A 3292 of 2025. When the matter was taken up for consideration since the learned Counsel for the municipality has handed over a copy of instructions dated 20^th March, 2025 wherefrom it transpired that the relevant documents of the petitioner for processing the retiral benefits of the petitioner shall be submitted before the Director of Local Bodies, West Bengal within a period of two weeks and since the learned Counsel appearing for the State has submitted that immediately upon receipt of the documents the Director of Local Bodies shall take appropriate action and render a decision, this Court by order dated 24^th March, 2025 while disposing of the writ petition had directed the respondent no. 6 to undertake all necessary steps for expeditious processing and release of the petitioner’s full pension and retiral benefits. The said process was directed to be completed within a period of four weeks from the date of receipt of the requisite documents and fulfillment of necessary formalities.

Interestingly, notwithstanding the aforesaid order the Director of Local Bodies by an order dated 7^th May, 2025 had purported to reject the petitioner’s claim inter alia, by observing that since the petitioner was engaged as a casual employee on 7^th August, 1987 and thereafter he was absorbed in the post of Lower Division Clerk with effect from 2^nd March, 2009 in terms of Board of Councillors resolution dated 7^th February, 2009, without prior approval of the Government, as such his appointment to the post of Lower Division Clerk does not come within the purview of the memorandum dated 6^th February, 2023 of the UD&MA Department. This apart it was also highlighted that in terms of Memorandum dated 13^th August, 2019 the Principal Secretary, Department of Urban Development & Municipal Affairs had reiterated that there should not be any engagement of any causal worker on monthly remuneration basis without prior written sanction of the State Government and that the State Government shall not take any responsibility for regularization of the worker who had been appointed without prior approval of the State Government, as such his case was declined.

Having heard the learned Advocates appearing for the respective parties, I find that the Director of Local Bodies by the above order had declined to grant benefit to the petitioner by placing reliance on the Memorandum dated 6^th February, 2023. Incidentally, a perusal of the Memorandum dated 6^th February, 2023 would reveal that the Municipal Affairs Department, Government of West Bengal by Memorandum dated 7^th May, 2009, had authorized the Director of Local Bodies to issue orders according post facto approval to the initial appointment/promotion of employees of the municipality made by the municipalities against sanctioned vacancies holding erstwhile scale of Rs. 380-910/-, since revised to Rs. 4000/--8850/- and below between the period from 14^th July, 1994 to 15^th October, 2000 on case to case basis. The said memorandum further records that later the Municipal Affairs department by Memorandum dated 19^th August, 2009 had made an amendment to the departmental order dated 9^th May, 2009 whereby the Director of Local Bodies was authorized to issue orders according post facto approval to appointments/promotions made by the municipalities against the sanctioned vacancies holding scales of pay from scale of pay of Rs. 380-910/- since revised to Rs. 4000/-- 8850/- to scale of Rs. 245-455/- since revised to Rs. 2850-4680/- within the period from 14^th July, 1994 to 15^th October, 2000 on case to case basis. It was also stated that no approval of the State Government is required for appointments/promotions made by the municipality within the period from 14^th July, 1994 to 15^th October, 2000. The said memorandum further records that the West Bengal Municipal Act, 1993 has come into effect on 13^th July, 1994 and that before the amendment of Sub-Section 3 of Section 54 of the West Bengal Municipal Act, 1993 which has come into force with effect from 1^st October, 2003, the initial appointments/promotions of employees of a municipality other than the officers as mentioned in Sub-Section 1 of Section 54 made by the municipalities against the sanctioned vacancies upto the date of 30^th September, 2003 does not require prior approval of the State Government.

The said memorandum further records that the Governor after due consideration was pleased to make an amendment to the departmental order dated 7^th May, 2009 read with the departmental order dated 19^th August, 2009 in the following manner:-

As would appear from the above the said memorandum does not in any way take away the right of the Director of Local Bodies to grant approval for absorption of Pre’92 casual workers. In any event, in the instant case the permission to absorb causal employees had been given by the Director of Local Bodies as a onetime measure only to Group D and Group C posts. The petitioner herein was absorbed in a Group C post.

The learned Advocate for the petitioner in this context has drawn attention of this Court to the order dated 17^th June, 2006 passed in MAT 2175 of 2025 in the case of State of West Bengal & Anr. v. Sudeb Dubey & Ors. would submit that the Division Bench of this Court taking note of the peculiar facts and the scope of regularization of casual employees in Group D and Group C posts as aforesaid and in the facts of the said case directed the authorities to process and release the pension in favour of the appellant therein. According to him this case is no different. As such the petitioner should be treated similarly.

Having heard the learned Advocates appearing for the respective parties I find the fact that the petitioner was absorbed as a Pre’92 casual worker on the basis of permission accorded by the Director of Local Bodies is not in dispute, though the same has not been considered by the Director of Local Bodies. In my view, once, the Director of Local Bodies having accorded permission vide its order dated 22^nd December, 2008 to absorb the eight (8) employees in sanctioned vacant posts, the authorities cannot turn around and cannot deny the benefit which has already accrued in favour of the persons who has since been absorbed in the said post. In this context it would be appropriate to note down the relevant portion of the order dated 17^th June, 2026 passed by the Division Bench of this Court in the case of State of West Bengal and Another-Vs-Sudeb Dubey and Others in MAT 2175 of 2025 wherein the Hon’ble Division Bench had been pleased to uphold the right of regularization of the casual workers by the Director of Local Bodies for Group C and Group D posts.

In the light of the above, I am of the view that the order passed by the Director of Local Bodies dated 7^th May, 2025 cannot be sustained and the same is accordingly set aside. The matter is remanded back to the Director of Local Bodies to take an appropriate decision for further processing and verification of the records so that the petitioner’s pension papers can be processed and pension payment orders in light of the observations made hereinabove can be issued. It is expected that the decision in this regard shall be taken by the authorities on an expeditious basis preferably within a period of four weeks from the date of communication of this order and a follow up action for issuance of Pension Payment Order shall be taken by the Office of The Director, Pension, Provident Fund and Group Insurance (DPPG), West Bengal within two weeks therefrom.

Accordingly, WPA 19175 of 2025 stands disposed of.

No order as to costs.

Urgent Photostat website copies of this order, if applied for, be given to the parties upon compliance with all requisite formalities.