Back
ARIJIT BANERJEE, APURBA SINHA RAY
State of West Bengal – Appellant
Versus
Saktilal Choudhury – Respondent
| Table of Content |
|---|
| 1. writ petitioner's service details and pension denial reasons. (Para 1 , 2 , 3 , 4) |
| 2. state's argument against writ petitioner's appointment legitimacy. (Para 5 , 6 , 7 , 9) |
| 3. legal precedents supporting state's claim. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. writ petitioner's counterclaims with legal backing. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court agrees with lower court's conclusion on appointment validity. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. affirmation of the lower court's order. (Para 31 , 32) |
JUDGMENT :
ARIJIT BANERJEE, J.
1. This appeal is directed against a judgment and order dated March 23, 2022, whereby the writ petition of the respondent no. 1 herein being WPA 4259 of 2016, was disposed of by a learned Judge of this Court.
2. The respondent no. 1/writ petitioner was temporarily appointed in the post of Resident Medical Officer (in short RMO) in Dum Dum Municipality, by letter dated June 6, 1998, on probation for a period of 6 months. He was placed in the scale of pay of Rs. 2,200/- - 4,000/-. By a resolution dated December 29, 1998, the Municipality confirmed the writ petitioner’s service as RMO with effect from December 1, 1998, in the scale of
The court affirmed that appointments made by municipalities under Section 53(4) of the West Bengal Municipal Act, 1993 do not require prior approval, thus entitling the appointed individual to pensio....
Review applications must demonstrate an error apparent on the record; mere dissatisfaction with a decision does not suffice.
Termination of employment must adhere to principles of natural justice, and decisions affecting rights like pensions cannot be reversed without following due process.
Long-serving employees are entitled to equitable treatment in securing retirement benefits, and technical barriers should not hinder their rightful claims.
The appointments of Grade-IV staff must comply with statutory requirements, and failure to adhere results in illegality, leading to dismissal without entitlements to remuneration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
