Kartick Chandra Barik vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1559

IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Kartick Chandra Barik – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Debajyoti Basu, Adv., Mr. Supratim Dhar, Adv., Mr. D. Das, Adv., Mr. Tirupati Mukherjee, Adv.
For the Respondent: Mr. Pinaki Dhole, Adv., Ms. Ananya Neogi, Adv., Mr. Partha Sarathi Debbarman, Adv., Municipality Mr. Kumaresh Dalal, Adv.

JUDGMENT :

Md. Shabbar Rashidi, J.

1. The appeal is in assailment of judgment and order dated March 4, 2022 passed in W.P.A. 29339 of 2014. By the impugned judgment and order, the writ petition filed on behalf of the appellant claiming regularization of his service was dismissed.

2. The factual background of the present litigation in a nutshell is that the writ petitioner was appointed temporarily as driver with effect from November 1, 1988 in Baidyabati Municipality. His pay was fixed in regular scales and he has been drawing salaries in terms of such fixation. Suddenly on and from March 2010, the increment and usual allowances payable to the writ petitioner were stopped.

3. Being aggrieved by such action, the writ petitioner approached Baidyabati Municipality seeking redressal of his grievances. However, no steps were taken by the municipality/employer, for which, the writ petitioner approached the High Court by the writ petition being W.P. No. 13380 (W) of 2014. The said writ petition was disposed of by an order dated May 15, 2014 whereby the Director of Local Bodies, Government of West Bengal, was directed to look into the representation of the writ petitioner and dispose of the sa