Sri Arun Kr. Roy v. State of West Bengal & Ors.

disposed of by, inter alia, directing the municipality to allow the petitioner to participate in the selection process for filling up the post of clerk under unreserved category along with other eligible candidates after condoning the minimum age. Such direction was issued by the coordinate Bench by, inter alia, observing that the rights of the petitioner to be considered against the vacant post of clerk cannot be denied by the municipality on the ground 4 WPA 1527 of 2025 of age bar ignoring the fact that the petitioner has been working in the above post for a considerable period and has sufficient experience therein.

#5. The petitioner, however, now seeks for a declaration that the entire period of service rendered by the petitioner with the municipality should be treated as a qualifying service. The learned advocate for the petitioner has relied on a Government Order dated 6th February, 2023 in support of his contention that the director of local bodies having regard to the above order, is authorized to grant post facto approval to the appointment made by the municipality against sanction vacancies holding scale of pay of Rs. 380-910 since revised to 4000-8850. According to him, the petitioner at the relevant point of time while discharging his duties in the post of Assistant Clerk cum Typist was having a scale of pay of 3350/--6325/- and is accordingly entitled to the benefit of the above circular.

#6. Ms. Majumder, learned advocate appears for the State would submit that since in the instant case, the municipality had sought for approval for appointment of the petitioner in the post of clerk in 2015, the petitioner having not completed the minimum qualified service is not entitled to pension. Mr. Chakraborty learned advocate appearing for the municipality would, however, place before this Court the service book of the petitioner annexed to the affidavit filed by the Municipality. 5 WPA 1527 of 2025

#7. Having heard the learned advocates for the parties, and having considered the materials on record and having regard to the above circular, I find that the by the above Government Circular dated 6th February, 2023 issued by the Additional Secretary, government of West Bengal, is in fact a clarificatory amendment order. The relevant portions thereof, is reproduced herein below: “WHEREAS, it appears that the erstwhile Municipal Affairs Department, Government of West Bengal vide Order No.207/MA/O/C-4/1A-7/2000 dt. 07.05.2009 has authorised the Director of Local Bodies, West Bengal to issue orders according post facto approval to the initial appointment/promotion of an employee of Municipalities made by the municipalities against the sanctioned vacancies holding erstwhile scale of Rs. 380-910/-, since revised to Rs. 4000/-8850/- and below between the period from 14.07.1994 to

15.10.2000 on case to case basis after due examination/enquiry; AND WHEREAS, it also appears that later the erstwhile Municipal Affairs Department. Government of West Bengal vide Order No.422/MA/O/C-4/1A- 7/2000 dt. 19:08.2009 has made an arnendment to this Department's Order No.207/MA/O/C-4/1A- 7/2000 dt. 07.05.2009 where Director of Local Bodies was authorised to issue orders according post-facto approval of appointments/promotions 6 WPA 1527 of 2025 made by the Municipalities against sanctioned vacancies holding scales of Pay from Scale of Pay of Rs.380-910/-, since revised to Rs. 4000-8850/- to the Scale of Pay of Rs.245-455/-, since revised to Rs. 2850-468/-, within the period from 14.07.1994 to

15.10.2000 on case to case basis after duc examination/enquiry and it was further stated that no approval of the State Government is required in the cases of appointments/promotions made by the Municipalities within the period from 14.07.1994 to

15.10.2000 against sanctioned vacancies holding erstwhile scale of pay of Rs.230-414/-, since revised to Rs.2700-4400/- to the erstwhile scale of pay of Rs.220-388/-, since revised to Rs.2600-4150/- (hereinafter referred to as the said Scales of Pay), or in the cases where the resolutions adopted by the Board of Councillors of the Municipalities for making appointments/promotions against the sanctioned vacant post holding the aforesaid scale of pay but implementation of such resolution has been kept pending till obtaining Government approval during the aforesaid period; AND WHEREAS, the West Bengal Municipal Act, 1993 came into force with effect from 13.07.1994 vide this Department's Notification No.393/C-4/MIA- 5/91 Pt. 1 dated 13.07.1994; AND WHEREAS, before the amendment to the sub- section (3) of section 54 of the West Bengal Municipal Act, 1993 which has come into force with effect from

01.10.2003, the initial appointment/promotion of an employee of Municipalities, other than the officers as 7 WPA 1527 of 2025 mentioned in sub section (1) of section 54, made by the municipalities against the sanctioned vacancies upto the date 30.09.2003, does not require prior approval of the State Government. AND WHEREAS, after amendment to the sub-section (3) of section 54 of the West Bengal Municipal Act, 1993 which has come into force with effect from

01.10.2003, for appointment/promotion of an employee of Municipalities, other than the officers as mentioned in sub-section (1) of section 54, made by the municipalities against the sanctioned vacancies, prior approval of the State Government become mandatory, NOW, THEREFORE, the Governor, after due consideration, is pleased hereby to make following amendment to this Department's Order No.207/MA/O/C-4/1A-7/2000 dt.

07.05.2009 (hereinafter referred to as the said order) read with Order No.422/MA/O/C-4/1A-7/2000 dt. 19.08.2009 Amendments In the said order,- (1) In the first para for the words " against sanctioned vacancies holding erstwhile Scale of Pay of Rs. 380-910/-, since revised to Rs. 4000/--8850/-, and below between the period from 14 day of July, 1994 to the 15th day of October, 2000", the words "against sanctioned vacancies between the period from 14th day of July, 1994 to the 30th day of September, 2003 in respect of all other officers and employees not included in sub-section (1) of section 8 WPA 1527 of 2025 54 of the West Bengal Municipal Act, 1993" shall be substituted; (2) (a) in the last para for the words "to authorise the Director of Local Bodies, West Bengal to issue orders according approval appointments/promotions made by the municipalities against the sanctioned vacancies holding erstwhile scale of Rs. 380-910/-, since revised to Rs. 4000/- 8850/- and below within the aforesaid period on case to case basis after due examination/enquiry" the words "to declare initial appointments/promotions in respect of all other officers and employees not included in sub-section (1) of section 54 of the West Bengal Municipal Act, 1993, made by the municipalities against the sanctioned vacancies between the period from 14th day of July, 1994, to the 30th day of September, 2003, shall be deemed to have been done as per extant provisions of West Bengal Municipal Act, 1993 and has ratification of the State Government" shall be substituted; (b) the last paragraph of the said order shall be omitted.”

#8. It is clear that the petitioner who was appointed in the post of Assistant Clerk cum Typist which is sanctioned post in the scale of pay of 3350/- - 6325/- with retrospective effect from 1st October, 2001 is entitled to the benefit of the aforesaid Government order. 9 WPA 1527 of 2025

#9. Having regard thereto, since the appointment was made between 14th July, 1994 and 30th September 2003, the same is deemed to have been done as per the external provisions of West Bengal Municipal Act, 1993 and has the ratification of the State Government. The objection issued by the learned advocate for the State that the petitioner’s service having been approved only in the year 2015 is not entitled to pension, cannot be sustained. Accordingly, I am of the view that the petitioner’s appointment does not require any further post facto approval by the director of local bodies and the petitioner is entitled all retiral benefits by treating the petitioner to be in approved service of the municipality in terms of the provisions contained in the West Bengal Municipal Act, 1993 with effect from 1st October, 2001 till reaching the age of superannuation that is 30th December, 2022. All consequences shall follow.

#10. Further taking note of the fact that the municipality has already forwarded all papers pertaining to the petitioner’s retiral benefits to the Director of Pension Provident Fund and Group Insurance vide communication dated 20th June, 2025, the said respondent is directed to take expeditious steps in the matter and it is expected that a decision in this regard shall be taken by the authorities as expeditiously as possible preferably within a period of 6 weeks from the date of communication of this order. 10 WPA 1527 of 2025

#11. With the above observations and directions, the writ petition is disposed of. Sayandeep A.R. (Court) (Raja Basu Chowdhury, J.)