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SAUGATA BHATTACHARYYA
Jamila Khatun – Appellant
Versus
Board of Councillors of Dhuliyan Municipality – Respondent
JUDGMENT :
Saugata Bhattacharyya, J.
1. Writ petition has been instituted, inter alia, challenging Memo No. 3049(19)/Dhuliyan Municipality dated 10th March, 2012 whereby the Chairman of Dhuliyan Municipality (hereinafter referred to as “said Municipality”) communicated to the Councillors to reallocate Sishu Siksha Kendras (hereinafter referred to as “SSK”) in a manner which would enable the authorities to constitute two SSKs in each ward. The said Municipality was having 19 wards and as per the said Memo dated 10th March, 2012 the said Municipality was required to establish total 38 SSKs for 19 wards having two SSKs in each ward. Every SSK would have two Siksha Sahayikas. The said Memo dated 10th March, 2012 is at pages 84 and 85 (Annexure P-9) of the writ petition.
2. Mr. Milon Bhattacharyya, learned senior advocate appearing for the petitioners submits that engagement letters were issued on 1st February, 2010 to the petitioners for a period of one year and such engagement was renewable. It is the case of the petitioners that engagement letters were issued in terms of Government Scheme issued vide Memo dated 30th May, 2000. It is further contended that as per the said scheme dated 30
The court established that procedural compliance with government schemes is essential for valid engagement in public service roles.
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Point in Issue :Whether declaration of petitioner as disqualified to continue as member and consequently President of Panchayat is valid and sustainable.
The court affirmed that previous employment claimed by a Swechhasevi Sikshya Sahayak was invalid due to prior judicial orders deeming the recruitment process null and void, thus rejecting claims for ....
The court upheld the legality of the petitioner's engagement based on prior approvals despite subsequent policy changes, reaffirming the principle of non-retrospective application of administrative d....
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