The main legal point established is that the approval of the petitioner's appointment did not require State Government approval as per the relevant Government Orders, and the denial of post-retiral benefits was deemed discriminatory.

JUDGMENT :

1. Heard both sides.

2. Relevant facts involved in brief in this case as appears on perusal of relevant records are hereunder.

3. The Writ petitioner was initially appointed as Clerk in the Chakdaha Municipality since 16.11.1988 to 31.07.1996 on consolidated payment.

4. It is the case of the petitioner that he was absorbed with effect from 01.08.1996 as permanent ledger clerk by a memo no. 305/C.M. dated 30.07.1996 issued by the Chairman, Chakdaha Municipality/respondent no. 5 and that his appointment was made in accordance with law and by observing the required formalities and has served the respondent Municipality for more than 26 years as a permanent employee in sanctioned post and has been retired from service on 28.02.2014 but all post retiral benefits have been denied to him illegally and has been subjected to discrimination also.

5. It appears on perusal of the service book of the petitioner annexed to the Writ Petition including a certificate dated 27.02.2013 issued by the Chairman of the Chakdaha Municipality/respondent no. 5 wherein it has been specifically mentioned about the petitioner that:

".......... the certificate date 19.01.1998 depicted at page no. 3, is now modified in terms of G.O. no. 411/P2-P/18/85 dated 17.05.1986 of Government of West Bengal, Deptt. of Local Govt. & Urban Development as follows:

"This is to certify that SRI DEBDAS SAHA, son of Late Durga Pada Saha of Kalyannagar P.O. Madanpur, P.S. Chakdaha, Dist. Nadia, W.B. is the employee of Chakdaha Municipality.

His Designation is Ledger Clerk and initially he was appointed on a fixed pay mainly because no scale of pay was prescribed for the post in which he was appointed.

I also certify that the service rendered by him to this Municipality for the period from 16.11.1988 to 31.07.1996 on fixed pay was whole time and it counts towards qualifying service for pension."

6. It also appears from memo no. 207/MA/O/C-4/1A-7/2000 dated 7th May, 2009 issued by the Government of West Bengal, Department of Municipal Affairs an order was passed, which reads as:

"WHEREAS it appears that a considerable number of appointments/promotions were made in a number of Municipalities against sanctioned vacancies holding erstwhile Scale of Pay of Rs. 380/- - 910/-, since revised to Rs. 4,000/- - 8,850/- and below between the period from the 14th day of July, 1994 to the 15th day of October, 2000 (hereinafter referred to as the aforesaid period);

AND WHEREAS in absence of approval of the State Government the Municipalities are facing difficulties relating to the finalization of pension cases of the retired employees;

AND WHEREAS processing of such cases by the Directorate of Local Bodies with the approval of this Department, taking considerable time; NOW THEREFORE, The Governor, for quick disposal of all pending cases, is pleased hereby to authorize the Director of Local Bodies, West Bengal to issue orders according post facto approval of appointments/promotions made by the Municipalities against sanctioned vacancies holding erstwhile scale of pay Rs. 380/- - 910/-, since revised to Rs. 4,000/- - 8,850/- and below within the aforesaid period on case to case basis after due examination/enquiry."

7. It appears that by a further memo being no. 422/MA/O/C4/1A-7/2000 dated 19.08.2009 an amendment was made to the aforesaid Memo dated 7th May, 2009 thereby inserting, inter alia, a paragraph:

"The Governor is further pleased to direct that no approval of the State Government is required in the cases of appointments/promotions made by the Municipalities within the aforesaid period against sanctioned vacancies holding erstwhile scales of pay from scale of pay Rs. 230/- - 414/-, since revised to Rs. 2,700/- - 4,400/- to the pay scale of Rs. 220/- - 388/-, since revised to Rs. 2,600/- - 4,150/- (hereinafter referred to as the said scales of pay), or in the cases where the resolutions adopted by the Board of Councillors of the Municipalities for making appointments/promotions against the s