Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present :

The Hon’ble Justice Raja Basu Chowdhury

WPA 25403 of 2024

Rekha Pal @ Rekha Gautam.

versus

The Baidyabati Municipality & Ors.

For the petitioner : Mr. Partha Sarkar,

Mr. Abhijit Basu.

For the Municipality : Mr. Pratick Ch. Das,

Ms. Soma Chowdhury.

Heard on : 11.11.2025. Judgment on : 11.11.2025

Raja Basu Chowdhury, J (Oral):

1. Being aggrieved with the failure on the part of the Baidyabati Municipality to disburse the retiral benefits in favour of the petitioner who had retired from service with effect from 31^st January, 2017, the

writ petition has been filed.

2. The respondents would contend that though the petitioner was engaged and had duly discharged duties during her service tenure, she is not entitled to the retiral benefits, since her post was not sanctioned. According to the respondents since the West Bengal Municipal (Employees Death cum Retirement Benefit) Rules, 2003 (in short the “said Rules”) can only be made applicable to permanent employees and

since without the approval of the Government the petitioner could not be treated as a permanent employee, the petitioner cannot be entitled to