IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RESERVED ON: 10.12.2025 DELIVERED ON: 05.02.2026 PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH WPA 16300 OF 2024 DR. RAFIQUL HASAN VERSUS THE STATE OF WEST BENGAL & ORS.

Appearance:-

Mr. Saptarshi Roy, Adv.

Mr. Siddhartha Roy, Adv.

….. for the Petitioner Mr. Amales Ray, Sr. Adv.

Ms. Mousumi Bhowal, Adv.

….. for the Municipality Mr. Rezaul Hossain, Adv.

….. for the State JUDGMENT Gaurang Kanth, J.:-

1. The Petitioner, by way of the present writ petition, assails the order dated 09.04.2024 passed by the Director of Local Bodies, West Bengal, whereby the Petitioner’s claim for grant of pensionary benefits, upon according post facto approval in terms of the circular dated 06.02.2023, was considered pursuant to and in compliance with the direction of this Court dated 18.01.2024 passed in WPA 4262 of 2016. By the said order, the Director of Local Bodies held that the Petitioner is not entitled to regularisation of service or to any retiral benefits.

2. The facts leading to the filing of the present writ petition are stated hereinbelow.

3. The Petitioner was appointed as a Residential Medical Officer on probation vide Memo No. 2363(4) dated 01.03.1994 at Dum Dum Municipal Specialized Hospital & Cancer Research Centre by the Chairman, Dum Dum Municipality, pursuant to a decision taken by the Board of Municipal Commissioners/Councillors. The service of the Petitioner was subsequently confirmed with effect from 01.09.1994.

4. All service related entitlements were extended to the Petitioner, and he has been continuously rendering his services without any interruption. There has been no break in service. The Petitioner’s service book was duly prepared and maintained in accordance with law. The Petitioner retired from his service on 31.07.2016.

5. As the Petitioner is entitled to pensionary benefits, and as post facto approval of his appointment is required for such purpose, the Petitioner made several written representations to the Chairman of the respondent Municipality seeking grant of post facto approval. However, no response was received. Consequently, the Petitioner was constrained to file W.P. No. 4262 (W) of 2016, praying, inter alia, for grant of post facto approval and consequential pensionary benefits upon retirement. The learned Single Judge of this Court, by order dated 10.11.2016, disposed of the said writ petition by directing the respondents to act in terms of the judgment dated 30.01.2008 passed by the Hon’ble Division Bench in MAT 704 of 2007 titled Chairman, Dum Dum Municipality & Ors. vs. Dr.

Debranjan Biswas & Anr.

6. Aggrieved thereby, the respondents preferred an intra-court appeal being MAT 553 of 2017 (State of West Bengal vs. Rafiqul Islam & Ors.). By order dated 27.11.2017, the Hon’ble Division Bench set aside the order dated 10.11.2016 and remanded the matter for fresh consideration after exchange of affidavits.

7. In the meantime, a similarly situated person, namely Dr. Shakti Lal Chowdhary, filed a writ petition with identical prayers being WPA 4259 of 2016 titled Dr. Shakti Lal Chowdhary vs. State of West Bengal. By order dated 23.03.2022, the learned Single Judge allowed the said writ petition. The respondents challenged the said order by filing an intra- court appeal being MAT 890 of 2022 titled State of West Bengal vs. Dr. Shakti Lal Chowdhary. The Hon’ble Division Bench, by judgment dated 13.10.2023, dismissed the appeal and held that Dr. Shakti Lal Chowdhary, Dr. Asit Ranjan Kudu and Dr. Priyadarshi Sarkar were appointed against validly created posts by the Municipality in exercise of powers conferred under the West Bengal Municipal Act, 1993. Accordingly, the respondents were directed to process the pension case of the petitioner therein, sanction his admissible retiral dues upon completion of necessary formalities, issue the Pension Payment Order, and grant post facto approval, if necessary, within a period of 12 weeks.

8. In v