IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 5675 of 2018 Sri Dipankar Das & Ors.

Vs.

The State of West Bengal & Ors.

For the Petitioners : Mr. D.N. Ray, Sr. Adv.

Mr. Atanu Biswas, Mr. Sourav Haldar, Mr. Mrinal Saha, Mr. Sourav Saha.

For the Respondent No. 3 : Ms. Rajdatta Chattopadhyay, Ms. Risha Das, Mr. Dibeyndu Banerjee.

Judgment reserved on : 29.10.2025 Judgment delivered on : 26.11.2025 SHAMPA DUTT (PAUL), J. :

1. The writ application has been preferred praying for direction upon the respondents to show cause as to why the Memo No. 663/DLB/Verification 1/2002 (pt-1) dated 27-05-2013 issued by Director of Local Bodies, West Bengal as well as Order No. Adm/1E-2017/123/641 dated 01-11-2017 issued by the Chairman, Tarakeswar Municipality shall not be quashed and /

or set-aside for the ends of justice.

2. It is further prayed that the respondents be directed to approve the petitioners service in Group - "C" Post in the scale of pay Rs. 3350/- - 6325/-(erstwhile Rs. 300/- 685/-) which they were enjoying since August, 2003 to October, 2017 and have further prayed for direction that the respondents should not give effect to the Memo No. 663/DLB/Verification-1/2002 (pt-1) dated 27- 05-2013 issued by Director of Local Bodies, West Bengal as well as Order No. Adm/1E-2017/123/641 dated 01-11-2017 issued by the Chairman, Tarakeswar Municipality.

3. The petitioners’ case herein is that they were appointed as Rent Collectors (Group-D") at Tarakeswar Municipality in 1994. Subsequently due to retirement of several Group-"C" staffs, and as per order passed by the Chairman of said Municipality, the petitioners are performing duties of Group "C" staffs. Board of Councillors of said Municipality took resolution on 28.06.2003 thereby considering financial liabilities, considered to pay Group -"C" scale of pay to the petitioners and wrote letter dated 12.08.2003 to the Directorate of Local Bodies (DLB), with request to move the government for sanction of scale of pay to the petitioners as per G.O. No. 15/C-9/MIN-3/89 dated

20.04.1982.

4. The government kept silent about the matter without assigning any reason thereto. Pursuant to an order dated 28.06.2004 issued by the Joint Secretary to the Government of West Bengal, the Chairman of Tarakeswar Municipality by his order dated 28.08.2004 granted Group-"C" scale of pay to the petitioners with effect from 01.08.2004 without granting any arrears.

5. As said grant of Group "C" scale of pay was not yet approved by the government, the Chairman Tarakeswar Municipality wrote a letter dated 10.01.2013 (after more than 10 years) to the DLB, requesting for “by name” approval of the petitioners.

6. By letter dated 27.05.2013 the DLB directed recovery of excess drawl w.e.f. 13.08.2004 from the 12 employees (Including petitioners).

7. This order was neither given any effect, nor was it communicated to the petitioners, who also got incremental benefits. By an order dated 01.11.2017, the Chairman Tarakeswar Municipality withdrew the petitioner's Group-"C" scale and refixed it in earlier Group- "D" scale of pay and also directed that the excess drawn by the petitioner would be recovered by deduction from the salary of November, 2017.

8. At the time of filing the writ petition, petitioner No. 7 retired from service. Initially provisional pension was started and after recovery of impugned overdrawal, regular pension has been started.

9. The petitioners rely upon the following judgments:-

1) Syed Abdul Qadir & Ors. Vs. State of Bihar and Ors.

((2009) 3 SCC 475) (para 59 to 61).

2) State of Punjab & Ors. -Vs- Rafiq Masih (White Washer)

and Ors. ((2015) 4 SCC 334) (para 14 to 18).

3) Jogeswar Sahoo & Ors. Vs- District Judge, Cuttack and Ors. (2025 SCC OnLine SC 724) (para-11).

10. The respondent Tarakeswar Municipality has filed their report in the form of affidavit wherein they have stated as follows:-

“Upon examination of the records, it is found that Pa