%trinal-Kati chosh - SARTHAC

%trinal-Kati chosh Advocate

HIGH COURT, CALCITITA BAR ASSOCIATION ROOM NO.11

To 1. The

Residence: 128/1A, Sarat Ghosh Garden Road 2nd Floor, Kolkata- 700 031 Chamber: 7/2C, Ballygunge Park, Kolkata- 700 019 Mobile: 9830874095

Learned Govt. Pleader n atee High Court, Calcutta, Apnellate Side. 2. The Secretary, Department of Labour, Govt. of W.B. Nabanna, Shibpur, Howrab-711102.

3. The Secretary Department of Finance, Govt. of W.B. Nabanna, Shibpur, Howrah-711102.

4, The Director of Local Bodies Govt. of W.B. Purta Bhavan, 1st floor, Bidhannagar, Kolkata-91.

5, Burdwan Municipality, G.T,Road, P.O & District-Burdwan, Pin. 713101.

6. The Chairman Burdwan Municipality G.T.Road, P.0 & District- Burdwan, Pin. 713101. 7. Executive Officer, Burdwan Municipality, G.T.Road, P.O & District- Burdwan, Pin. No. 713101. 8. The Board of Councilor Burdwan Municipality,G.T.Road, P.O & District- Burdwam,Pin. 713101.

Re- W.P.No.P99-(W) of 2016

(9d1C"-12P-laieW

ent-.759/3 61P-ea) sir,

Enclosed please find herewith a copy of the aforesaid applica-tion Under Article 226 of the Constitution of India, which is apneaa

r'ng before His Lordship the Hon'hie Justice I.P.Mukerji as item No,

ql/v//A gr in the list date 24.02.2016e and thesame,will be taken up for

hearing on 07.03.2016 or so soon thereafter as the Hon u ble Court shall permit.

Please acknowledge the receipt of the sarpe.

Enclo : As above. Yours faithfully

40724YV <4/1, Advocate

NH IC1 I N

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

appoilatP 514C

W. P. No. :2F-37"" (W) of 2016

Subject Matter relating to :-The Under Group 'C: Head ( of The Classification of List ;

CAUSE TITLE :-Soumen Ghosh

Petitioner Versus

The State of West Bengal 86 Ors. Respondents

Advocate-on-Record:

Mr. Mrinal Kanti Ghosh Advocate

C/o. Mr. Hiranmay Bhattacharyya, Advocate,

High Court, Calcutta Bar Association Room No. 11

DISTRICT : BURDWAN.

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Otnrsifintr. niter

W. P. No. 2 (W) of 2016

In the matter of: Soumen Ghosh

SI. No. 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Petitioner Versus

The State of West Bengal 86 Ors. Respondents

-: INDEX:-

Description of documents. Annexures. Page No.

Writ Petition. 1 to -020

Xerox copy of the Death Certificate. "P-1" Pit

Xerox copy of the Memo dated 27th "P-2" Q 7 3 November, 2012.

Xerox copy of the minutes of the meeting "P-3" (9_•cb held on 30.05.2013

Xerox copy of the Memo dated 12th June, "P-4" .2 CC: 1 3 te-) 2013.

Xerox copy of the minutes of the meeting "P-5" held on 28.05.2014

Xerox copy of the Memo dated 7th June, "P-6"

31--

2014. 20

Xerox copy of the letter dated 3, 16.07.2014.

Xerox copy of the order dated 40— /-te) 17.03.2015.

Xerox copy of the order dated u A _ r,-9”

16.10.2015.

Xerox copy of the letter dated "P-10" C51 19.11.2015.

LIST OF DATES :

Dates Particulars :

05.01.2012 : Date of death of the father of the petitioner.

27.11.2012 : The Deputy Director of Local Bodies,

Burdwan Division by a Notice under Memo

No. DDLB/B-101/ 8-01. Pt. I forwarded a

copy of the application alongwith all

enclosures together with the 3 Men Enquiry

Committee Report to the Director of Local

Bodies, West Bengal.

30.05.2013: Minutes of the meeting held by the Board of

Councillors.

12.06.2013: The Chairman of Burdwan Municipality

under Memo No. 1006/XII-6 forwarded

inspection report.

28.05.2014: Minutes of the meeting held by the Board of

Councillors.

07.06.2014 : The Chairman of Burdwan Municipality

under Memo No. 512/X11-6 forwarded

proposed list of eligible candidates.

17.03.2015: The order passed by this Hon'ble Court.

16.10.2015: Order passed by the Director of Local Bodies,

West Bengal

19.11.15 : Letter issued by the Director of Local Bodies,

West Bengal

09.02.15: Order passed by this Hon'ble Court in A.S.T.

No. 276 of 2014

06.11.2015 : Order passed by the Hon'ble Supreme Court

in Special Leave Petition( Civil) No. 15308 of

2015.

POINTS OF LAW :

1 Whether the respondent authorities are justified by not giving

appointment to your petitioner in the post in question inspite of the

fact that the name of your petitioner has been approved by the

concerned municipality?

2. Whether that the Director of Local Bodies, West Bengal is

justified by rejecting your petitioner's prayer on the basis of the

observation of the Finance Department?

3. Whether the respondent authorities are justified by keeping

the matter pending for a long time?

4. Whether the respondent authorities are justified by not

appreciating the fact that after the order passed by the Hon'ble

Supreme Court in Special Leave Petition( Civil) No. 15308 of 2015

there is no impediment to give appointment to your petitioner in the

post in question?

District : Burdwan.


Constitutional Writ Jurisdiction

Appellate side

W.P. No. 2739-- (W) of 2016

In the matter of:

An Application under Article 226 of the

Constitution of India.

And

In the matter of:

A Writ in the nature of Mandamus,

Prohibition, Certiorari and/or any other

appropriate writ or writs and/or order or

orders and/or direction. or directions.

And

In the matter of :-

West Bengal Municipal Act, 1993 and the

West Bengal Municipal Employees

(Recruitment) Rules 2005;

And

2

In the matter of:

Your petitioner's application dated

30.04.2002 praying for appointment of

compassionate ground ;

And

In the matter of:

Memo being No. DDLB/B- 10 1 / 8-0 1. Pt. I

dated Hooghly 27th November, 2012

issued by the Deputy Director of Local

Bodies Burdwan Division ;

And

In the matter of :

Memo being No. 1006/XII-6 dated

12.06.2013 issued by the Chairman,

Burdwan Municipality ;

And

In the matter of :

Memo being No. 512 /XII-6 dated


Burdwan Municipality;

And

In the matter of :

3

4eTc Mama 144•00.8Plis passPo oy tifs•

Lordship the Hon'ble Justice Aniruddha

Bose in W.P. No. 32 con 2015.

And

lrr the matter of

Order dated 16.10.2015 passed by the

Director of Local Bodies, West Bengal.

And

In the matter of:

Soumen Ghosh,

Son of Late Santosh Kumar Ghosh,

residing at Village & P.O.

Baikunthapur, District : Burdwan,

Pin - 713104

Petitioner.

-: Versus :-

1. The State of West Bengal, Service

through the Secretary, Department of

Municipal Affairs, and having its office at

Nabanna, Shibpur, Howrah - 711 102.

2. The Secretary,

Department of Labour, Government of

West Bengal, and having his office at

Nabanna, Shibpur, Howrah - 711102.

4

3. The Secretary,

Department of Finance, Government of



4. The Director of Local Bodies,

Government of West Bengal, having his

office at Purta Bhavan, 1st Floor,

Bidhannagar, Kolkata - 700 091.

5. Burdwan Municipality,

A body corporate with common seal and

perpetual successor and having its office

at G.T. Road, P.O. 86 District : Burdwan,

Pin - 713101.

6. The Chairman,

Burdwan Municipality,

having his office at G.T. Road, P.O. 86

District : Burdwan, Pin - 713101.

7. Executive Officer, Burdwan

Municipality having his office at G.T.

Road, P.O. 86 District : Burdwan, Pin -

713101.

5

8. The Board of Councilor,


having his office at G.T. Road, P.O.&

Istrlet eltirciwan, Hirt - 13101.

egi ..,,Respondents

To

The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her Companion

Justices of this Hon'ble Court.

The humble petition of the

Petitioner above named Most

Respectfully-

SHEWETH:

1. Your petitioner states that your petitioner is a citizen of India

having his permanent residence at the address mentioned in the cause

title of the instant writ petition.

2. Your petitioner states that the date of birth of your

petitioner is 07th January, 1980.

6

3. Your petitioner states that your petitioner passed the

Madhyamick Examination conducted by the West Bengal Board of

Secondary Education in the year 2000.

4. Your petitioner states that your petitioner passed the

Bachelor of Commerce Examination under three years pass decree

course held by the University of Burdwan in the year 2004.

5. Your petitioner states that the father of your petitioner

namely Santosh Kumar Ghosh was employed as a Cash

Department under the Burdwan Municipality.

6. Your petitioner states that while in service, the father of

your petitioner namely Santosh Kumar Ghosh, died on 21st March

2008.

A true copy of the death certificate issued by the competent

authority is annexed hereto and same is marked with Annexure

"P-1" to this petition.

7. Your petitioner states that the said Santosh Kumar Ghosh

died on 21st March 2008 leaving behind him surviving the

following persons as his legal heir and heiresses :-

a) Smt. Minati Ghosh, -Wife.

7

b) Soma Ghosh - Son

c) Soumen Ghosh ( Petitioner) - Son

111141A MPIF4DIRFR4 OPFMRP PPS* +++”RPFifliff ftrfPIP h1Pc4114 Pt Rto

father, your petitioner applied before the Municipal authority for

appointment on compassionate ground.

9. Your petitioner states that on the basis of application

received from the heirs of the deceased employees of different categories

including your petitioner pertaining the Burdwan Municipality,

inspection were held by the 3 Men Committee constituted by Chairman,

Burdwan Municipality, Executive Officer of Burdwan Municipality and

Deputy Director of Local Bodies of Burdwan Municipality.

10. Your petitioner states that your petitioner has come to

know that the Chairman of Burdwan Municipality submitted proposal

for appointment on compassionate ground under a Office Memo No.

1344/XII/6 dated 6.10.2012


know that the Deputy Director of Local Body Burdwan Municipality by

a Notice under Memo No. DDLB/B-101/8-01. Pt. I dated 27th

November, 2012 forwarding a copy of the application alongwith all

enclosures together with the 3 Men Enquiry Committee Report to the

Director of Local Body, West Bengal.

8

A true copy of the said Memo dated 27th November, 2012 is

annexed hereto and the same is marked with Annexure "P-2" to this

petition.

12. Your petitioner states that on the basis of the report of the

Enquiry Committee and other documents, the Board of Councilors of

Burdwan Municipality in its meeting held on 30.05.2013 resolved a list

of 62 eligible candidates for the purpose of recruitment to Group 'C'

and Group `D' posts. Your petitioner has further come to know that the

name of your petitioner is appearing in the list of eligible candidates for

the purpose of recruitment for the said post.

13. Your petitioner states that the Board of Councilor of

Burdwan Municipality in the meeting held on 30.05.2013 approved the

inspection report of the 3 Men Committee and adopted a resolution to

that effect and for taking further steps in the matter.

A true copy of the said Minutes of the Meeting held on

30.05.2013 is annexed hereto and the same is marked with Annexure

"P-3".

14. Your petitioner states that the Chairman of Burdwan

Municipality under a Memo No. 1006/XII-6 dated 12.06.2013

forwarded the copy of the inspection report alongwith other testimonials

and the resolution of the meeting of the Board of Councilors held on

30.05.2013 to the Director of Local Bodies, Government of West Bengal.

9

The office of the Directorate of Local Bodies received the said Memo

dated 12.06.2013 on 21.06.2013.

A true copy of the said Memo dated 12.06.2013 is annexed

hereto and the same with marked as Annexure "P-4" to this petition.

15. Your petitioner states that the Board of Councilors in a

Meeting held on 28.05.2014 revised the list of eligible candidates.

A true copy of the minutes of the meeting of the Board of

Councilors held on 28.05.2014 is annexed hereto and the same with

marked as Annexure "P-5" to this petition.

16. Your petitioner states that the name of your petitioner is

appearing in the list of eligible candidates in the list for Group C

under exempted category.

17. Your petitioner states that the Chairman of Burdwan

Municipality forwarded the proposed list of eligible candidates for

appointment of compassionate ground under a Memo No. 512/X1I-6

dated 07.06.2014 to the Director of Local Bodies Government of West

Bengal. The Director of Local Bodies received the said Memo dated

07.06.20124 on 11.06.2014. By the said Memo the Chairman of

Burdwan Municipality requested the Director of Local Bodies to look

into the matter sympathetically fOr according approval at an early date.

A true copy of the Memo dated 07.06.2014 is annexed

himpotni wirinirl rtm entrmittnre "P.6" tri thin petitinn

18. Your petitioner states that your petitioner by a letter dated

16.07.2014 requested the Director of Local Bodies to take appropriate

steps for according approval to the proposal for appointment of your

petitioner on compassionate ground. The said letter was duly received

by the Directorate of Local Bodies on 16.07.2014.

A true copy of the said letter dated 16.07.2014 is annexed

hereto and the same is marked with Annexure "P-7" to this petition.

19. Your petitioner states that since inspite of receipt of the

said Memo dated 07.06.2014, the Director of Local Bodies was sitting

tight over the matter, your petitioner filled a writ petition being W.P.No.

3235 (W) of 2015 before this Hon'ble Court.

20. Your petitioner states that the aforesaid writ petition came up

for hearing on 17.03.2015 before His Lordship the Hon'ble Justice

Aniruddha Bose, when His Lordship upon hearing the respective parties

was pleased to dispose of the said application by directing the Director

of Local Bodies to take decision on the recommendation of the

Chairman of the municipality within a period of ten weeks from the date

of communication of this order . His Lordship was further pleased to

direct that the decision, in turn, shall be sent to the Chairman of the

municipality within a further period of one week.

11

A true copy of the said order dated 17.03.2015 is annexed


21. Your petitioner states that the order dated 17.03.2015 was

duly communicated to the Director of Local Bodies. Since the Director

of Local Bodies was sitting tight over the issue, your petitioner through

his Learned Advocate issued a contempt notice to the concerned

authority.

22. Your petitioner states that finding no other alternative your

petitioner filed a contempt petition being C.P.A.N. No. 1902 of 2015

before this Hon'ble Court.

22. Your petitioner states that after filing of the said contempt

petition the Director of Local Bodies by an order dated 16.10.2015

disposed of the case upon holding that the your petitioner's prayer for

appointment on compassionate ground cannot be considered for

approval at present on the grounds as stated therein.



23. Your petitioner states that the Director of Local Bodies

rejected your petitioner's prayer on the basis of the observation of the

Finance Department.

12

24. Your petitioner states that the name of your petitioner has

been recommended for appointment on compassionate under Burdwan

Municipality prior to the Government Notification No. 25.1-Emp, dated

03/12/2013

25. Your petitioner states that the your petitioner's case was

not considered relying on a Government Notification No. 251-Emp,

dated 03/12/2013 inspite of the fact relying on the same notification

similar relief was granted in favour of one Subrata Paul with same

footing of your petitioner and given appointment in the Baidyabati

Municipality.

A true copy of the said letter dated 19.11.2014 alongwith

the order obtained by your petitioner from said Subrata Paul is

annexed hereto and the same is marked with Annexure "P-10" to this

petition.

26. Your petitioner states that in similar situation the Hon'ble

Division Bench of this Hon'ble Court by an order dated 09.02.2015

passed in appeal being A.S.T No. 276 of 2014 held that appointment

against exempted category cannot be deferred for an indefinite period.



la

27. Your petitioner states that interalia challenging the

aforesaid order dated 09.02.2015 , the State of West Bengal preferred

an appeal before the Hon'ble Supreme Court being Special Leave

Petition( Civil ) No. 15308 of 2015. By an order dated 06.11.2015 the

Hon'ble Supreme Court was pleased to dismiss the said Special. Leave

Petition.



28. Your petitioner states that from the materials on record it

appears that the recommendation of your petitioner for appointment on

the compassionate ground was forwarded to the Director of Local

Bodies prior to the Government Notification No. 251-Emp, dated

03/12/2013 under Group - C Category.

29. Your petitioner states that after the order passed by the

Hon'ble Supreme Court the state authorities cannot discriminate your

petitioner from other candidates placed in similar situation.

30. Your petitioner states that it is very difficult for your

petitioner to make both ends meet without the appointment of the post

in question.

14


know from the office of the Municipal authority that several post in the

said Municipality are still lying vacant.

32. Thus being aggrieved by and dissatisfied with the order datecl.

16.10.2015 passed by the Director of Local Bodies in the matter of your

petitioner's appointment on compassionate ground, your petitioner begs to

prefer the instant writ petition under Article 226 of the Constitution of

India before Your Lordships on the following amongst other.

GROUNDS:

I. For that the Director of Local Bodies acted illegally and

malafide by not according approval to the proposal for

appointment of your petitioner under the Burdwan

Municipality without considering the materials on record.

II. For that the when the name of your petitioner has been

recommended for appointment on compassionate under

Burdwan Municipality prior to the Government Notification

No. 251-Emp, dated 03/12/2013, the concerned respondent

authority acted illegally and malafide by not according

approval to the said proposal.

For that when the 3 Men Enquiry Committee after making

necessary enquiries considered your petitioner to be eligible

for appointment under the Burdwan Municipality, the

15

concerned respondent authority acted illegal and malafide by

relying the Government Notification No. 251-Emp, dated

03/12/2013.

Pro- *boo film onto remthorititaim netrmat diFicriminete Tom

petitioner from other candidates placed in similar situation.

V. For that the respondent authorities failed to appreciate that

the very purpose of giving appointment on compassionate

ground will be frustrated by the delay in according approval to

the proposal of such appointment.

VI. For that the respondent authorities acted illegally and

malafide by holding that the petitioner's prayer are not under

consideration of the Government at present.

VII. For that the respondent authorities acted illegally and

malafide by sitting tight over the matter for such a long period

of time.

VIII. For that the respondent authorities acted illegally and

malafide by not appreciating the fact that after the order

passed by the Hon'ble Supreme Court in Special Leave

Petition( Civil ) No. 15308 of 2015 there is no impediment to

give appointment to your petitioner in the post in question.

IX. For that the impugned order is not a speaking order.

X. For that there has been a failure of justice.

16

33. Your petitioner states that unless the order dated 16.10.2015

passed by the Director of Local Bodies is set aside and cancel, your

petitioner will suffer irreparable loss and injury.

34. Your petitioner states that the respondent authorities are

directed to give an appointment to your petitioner in the post in question,

your petitioner will suffer irreparable loss and injury.

35. Your petitioner states that the respondent authorities are

taking steps for filling up the vacant post of Burdwan Municipality. As

such there is urgency in the instant matter.

36. Your petitioner states that unless an order of injunction is

passed restraining the respondent authorities from filling up the vacant

posts of Burdwan Municipality, your petitioner will suffer irreparable loss

and injury.

37. Your petitioner states that unless the orders as prayed for

herein are passed, your petitioner will suffer irreparable loss and injury.

38. Your petitioner states that there is no other alternative, speedy

and efficacious remedy available to your petitioner and the relief which is

sought for herein if granted would afford complete relief to your petitioner.

17

39. Your petitioner states that the records relating to the case of

your petitioner are lying in the office of the respondent authorities within

the appellate side jurisdiction of this Hon'ble Court and as such this

Hon'ble Court in its appellate side jurisdiction has jurisdiction to try and

entertain the instant writ petition.

40. Your petitioner states that your petitioner has not moved any

other writ petition and/or any other application either before this Hon'ble

Court or before any other Court in India on the self same cause of action.

41. This application is made bonafide and in the interest of

justice.

In the premises as aforesaid, your

petitioner most humbly prays that your

Lordships would graciously be pleased to

issue:

(a) A writ in the nature of mandamus

commanding the respondent authorities

to set aside and cancel the order dated

16.10.2015 passed by the Director of

Local Bodies being annexure "P- 9" to

this petition.

18

(b) A writ in the nature of mandamus

commanding the Director of Local Bodies

1:101fts f 1v EPRigmfiFitiftt• MHz kk4 ILIP4MIPH

approval to the proposal for appointment

of your petitioner on compassionate

ground ;

(c) A writ in the nature of mandamus

commanding the respondent authorities

to give appointment to your petitioner on

compassionate ground forthwith;

(d) A writ in the nature of Certiorari

commanding the respondents to certify

and transmit the records relating to the

case of your petitioner to this Hon'ble

Court so that Your Lordships on perusal

of.the same may do conscionable justice

to your petitioner by setting aside,

quashing, amending, altering and/or

varying any order that may be found to

have been passed illegally and adversely

to the interest of your petitioner;

(e) Rule NISI in terms of prayer (a), (b),

(c) and (d) above ;

19

it An order of irtitnietion restraining

the respondent authorities from filling up

the vacant posts of Burdwan

Municipality till the disposal of the

instant writ petition;

g) An ad-interim order of injunction

in terms of prayer (f) above;

(h) Costs of and incidental to this

petition.

(i) To pass such further order/ orders as

Your Lordships may deem fit and proper.

And your petitioners as in duty bound shall ever pray.

Clerk to: Mr. \/4----A. Advocate

Advocate

20

ARFIDAVIT

I, Soumen Ghosh, Son of Late Santosh Kumar Ghosh, aged

about years, by religion - Hindu, by Occupation - Unemployed

residing at Village & P.O. Baikunthapur, District : Burdwan, Pin -

713104, do hereby solemnly affirm and say as follows:

1. That I am the petitioner of the instant case. I am well acquainted

with the facts and circumstances of the instant case.

2. That the statements contained in paragraphs / 4 Du( azo 02,‘

43-1 are true to my knowledge and belief , the statements

contained in paragraph (9L is information derived from the

concerned person, which I verily believe to be true and correct and the

statements contained in paragraphs 3 JD Lk-te) are my respectful

submission before this Hon'ble Court.

A Prep red in my office:

1 l< . id---, The De onent is known to me

Solemnly affirmed before me, On this fifilday of February, 2016.

COMMISSIONER I certify that all the annexure are legible

Advocate.

No.: B.M. 1003

K 0 Birth & Death

Section n) a 0 'eV

191.11±W:2/ anrig

Form e [Rule 9 of the VV.B.R.B.D. Rules 2000) Govt. of West Bengal, Department of Health & Family Welfare

Name of the Organization issuing Certificate OFFICE OF THE BUROWAN MUNICIPALITY

DEATH CERTIFICATE

(Issued u/s 12/17 of the RBD Act 1.969 and Rule 9/14 of the WBRBD Rules 2000)

This is to certify:that the following information has been taken from the original record of death which is in the register for E3urdwan Municipal Area , of Burdwan P.S. Burdwan District of West. Bengal.

Name of the Deceased .

Sex : Date of Death':

Place of Death : Name of Mother.

Name of Father / Husband : Address of the. Deceased at the time

of Death

Permanent address of the deceased

Registration No. : Remarks Of any)

Santosh ICr. Glzosh Male Age 55 Year(s) Month(s) Day(s)

- B M & H, Burdwan. Late Durga Bala:Ghosh S/o -- Late Baidya Nathdhosh

Baikunthapur, Burdwan.

Do.

1335 11 Date of Registration 05/04/2008

e-CFcE Registrar of fn & D.

Date : 15/04/2008 Burdwan *Ensure registration of every birth & death Signature of Issuing Authority with date, address & Seal

033

Government of West Bengal Office of the Deputy Director of Local Bodies

Burdwan Division

Pipulpati, P.O. & Dist.Hooghly.

/rim ,FUB-101/8-01.Pt.I

FrOril : Deputy Director of Local Bodies, Burdwan Division.

ThP DfrPrtnr ni bhpoletullPg West Bengal.

Dated, llooghly, the November _

Cc rik' 4,*

Sub.: Proposal for appointment on compassionate ground in Burdwan Municipality.

In reference to above this is to submit that the Chairman of Burdwan Municipality submitted proposals for a ppoirnio con ipassionate ground in his office memo no.1344/X11-6 dated 06.10.2012. The observations are given hereunder

Name of the applicant

, with date of application

Relationship with

deceased employee

Qualification Date of birth •

Caste

Name of the r it 1 deceased employee 1 with Designation

w.

i 02

03

04

Chanchal Mukherjee 30.04.2002

Son B.Com 05.06.1968 Gen. Late Badal Ch Mukherjee Pump ] Driver

Susmita Chatterjee 08.06.2005

Unmarried B.A. daughter

22.09.1982 -Do- Late Vivekananda • IT 0 _Du ,i- Chanerjee, L.D.C. ; . ,

Chitrangshu Roy 16.08.2005

Son H.S. 01.10.2970 -Do- Late Swapaan Kr 1 2007. Roy Clerk

Sail Maya Devi 24.03.2006

Wife . Illiterate 02.11.1968 -Do- Late Shibu Mallick. • 24- 11 I;H I NSC

5. Biswanath De 22.02.2006

Son B.Com 05.01.1972 -Do- Late Santosh Kr. De 08.12 2(:! Pump Driver

6.

Ott.

AMit Prosad 23.07.2006

-Do- Class VIII 02.03.1981 -Do- Late Santalal Prosad, Road Sarlair

73 06.2H,,

Ejoj Khan 19.09.2009

-Do- 18.09.1969 -Do- Late Nimajan Bibi, Sweeper

04.09.20:

P08. Bhupesh R.Das 27 1.2.2007

-Do- H.S. 08.02.1973 -Do- Late Bhaba Das. Clerk

05 11.2:1

09. Aurobindo Das 70.03.7008

-Do- Appeared in • H.S.

25.01. 1989 S.C. Late Nidhan Ch.Das. 23 0! .'. Helper

10 -1

11.

Sublira Roy 08.08.2008

-Do- B.A. 18.08.1984 Gen. -2() Late Sukumar Roy. 2:4 06 i, Pump Driver •

17.,1 :L\S

Apama Haider, 12.03,2009

JH'1111;i0ri Officer . ,,:ini)iGipalily

Wife Illiterate .25.03.1957 as per affidavit sworn by the mother and as per EPIC date of birth is xx/xx/1963

- :Late Tarapada 30.01.:i if Haldier. Road Sarkar

12:

I3.:

I3abu Dom (Mallick) 11_03.2009

Son Class V 03.04.1988 SC Late Mang] Dome. OS 7i3 M • Sweeper

Pram Kiishira Mondal 15.12.2009

Son Class VIII (Appear in Madhyamik Pvnn, 1

10.08.1981 Gen _Late Sambhu Nath j 23 oa 2 oc:

Mondal. Road Sarkar

12.51r) sr

, 1 . I.,

in. j

171

'look Hazra , !

-Do- I ,08.2609

class III 01.01.1982 as per EPIC, but 10.7.1981 as pia- School roonnoTto

-Do- ' Late .Swapan lia2.n! Drain Cool!

Alabiii Hossain 09 09.2009

-Do- Madhyamik 03.04.1985 -Do- Late Makbrd Hossain. Drain Cooli ----

Li tpal Lie 26.11.2009

-Do- -Do- 02 03.1985 . -Do- Late Ashok Ks Lie. Road Cooli

15.09 2,0 -

Sourav Cluiltrabaorty 15.12.2009

-Do- Class X - 22.10.1991 -Do- Late Sulam-tar Chakraborty. Road Cooli

2;09.209

I S. i Rakesh Battacharya, 29.11.2009

08.10.2010

-Do- Madhyamik 11.08.1984 -Do- Late Jyotinnoy Bhattacharya, Road Coolie

02 10 2i

19 - ! " Md!AID11411151: •, ,, tt Nurturm, Al!, arrant sanou-

78,0n ,lo 9,

20. .3ahanara Mutton, 02.11.2010

Dauguter -Do- 10.09.1986 -Do- Late Kalo Khan, 24.09.20 !• : Drain Coolie

21. Laxmi Rajbanshi. 28.10.2010

Wife Illiterate 12.06.1980 Sc (No caste certificate attached)

Late Dona 26.00 20 Rajbanshi, N.S.C.

12. I Sumit Goswami. 0.11.2010

Son H.S. .23.11.1989 Gen Late Saroj Kr. 22.10.20 Goswami. Asstt.Teacher

23. 1 Khondokar Rejabur, 02.03.2011

-Do- -Do- 14.11.1977 -Do- Laate Khondakar 1 13. 1126 H Hasibuar Rohm

21Sk,Sahajada. ! 03. 032011

-Do- Illiterate - 06.02.1992 -Do- Late Sahiram Bibi. Drain Coolie

1 25. ' Supmbhat Banerjee, 1 1 09.06.2011

-Do- B.Com 21.12.1981 Late Sitaram Banerjee, Peon

24.04 2011

"R-11-,.. ,. Papan Nandi. A 20.09.2011

. -Do- - 05.01.1979 Late Madan Mohan Nandi, Helper

18.06.201

SL.No. i is proposed to appoint to the post of Bill Writer SL.No.02, 05, 08, 10, 15, 16, 18, 19, 20, 22, 23 is proposed to appoint to!. post of Cir.0 post. SL.No.04, 06, 07, 14, 17 is proposed to appoint to the post of Majdoor amd SL.No.11., 15. 21, 25 are proposeu appoint in Gr.D posts.

All the proposals are recommended subject to proposed absorption in EC vacancy as per 100 point roster except the Si >!,!: as the husband of the deceased was a permanent employee of the municipality receive pension and taking into consideration pension total income exceeds 90%.

For SL No.12 the no objection from the other family members are required.

AN<

State POP Officer 130rOwas, Gipably

Endo.: All 4(four application with all enclosures, Deputy Director of Luca! Bodio !.

Three men's enquiry committee report Burdwan Division.

-u 4 /DDLB/B-101/8-01.Pt.1 Dated, Hooghly, the psi_ `,November, 2012

Copy forwarded to the Chairman, Burdwan Municipality for information.

Deputy Dit:ectnem Local • BurdWap

Yours faithfully

92A

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Sub: Forwarding of proposed list of appointment on giounti of this Municipality.

C y

Office of the Burdwan Municipality PFt, iti4fIfl, i1111PiliPiri, iffifiWf ORtiltilullIfiloi In f191fil

Phone: +91 342 2662518 / 2664121 / 2662,77 I Fax: +91 342 2560717 Email: info Oburdwanmunicipality.gov.in l Website: www. burdwanmunicipality.gov.h.

i - d 0 ,6 yo,; --- 4 In , P r ' '

c.nw.itican Eandwan Municipality

The Director of Local Bodies, Govt. of West Bengal, Puittu [Shawan, (1tt Floor) Bidhannagar, t;nineteL ttiO (tr'?

On the basis of the application received frormthe heirs, of the deceased employees of different categories

pertaining to this Municipality, inspections were/ held by the 3 (three) Men Committee constituted by t Chaim an, Burdwan Municipality, Execptive Officer, Burdw,Municipality and Deputy Director of Local

itBoctlies, Burdwan Division.

The inspection report along witii:other testimonials were forwarded to your office by the Deputy Director Of

Local Bodies, Burdwan Divisi4 under their office memo no. 1) 252/1/DDLB/B/101/8-01 Pt I dated 13th August 2012, 2) 347/1/DDLB/B/101/8-01 PH dated/27'h November 2012 and 119/1/DDLBIB/101/8-01 Pt I dated 2181 May 2013. (Copies are enclosed)

On the basis of the said reports and folloWing the criteria set in "The West Bengal Municipal,Employees'

(Recruitment) Rules 2005", Board of Councilors in its meeting, held on 30.05.2013 resolved a list of 62

(Sixty Two) eligible candidates for the purpose of recruitment to the post (copy encloSed) as mentioned in

the list appended below against the name Of each candidate..

Proposed List for Group C

SF Name of The No Applicacit

100 Pt. Roster

Position PropQz; d Post

Name of Decasid.

Employee D-O-D atation

Chanchal Mukherjee 3 Bill Writer BadarCh- Mukheriee 05 January 20--t- 62. Son

2 Susmita Chatterjee 7 Clerk Vive kananda Chattenee 17 March 2005

--, Daughter !

3 Chitrangshu Ray 10 Collecting Sarkar Roy Swa pan Kr-

20 July 2005 Son 4

H I- Biswanath De 13 Colle Sarl:ar ntinc . ..

Sa ntosh Kr De

08 200

December5 &A

5 I Sanjib Day 16 Collecting Sarkar Jag De annathy 01 February 2006 Son

(3 I Debabrata Tewari 19 Collecting Sarkar Debdas Tewari 02 June 2006 I Son

Sir,

Public ;II -1(1Wall MUflifiE

r 7 Jaye Biswas 20 Sibupada Bill Writer, , Biswas 07 October 2007 Wife

1 ' 8 Bhopegh•R- Das 27 Collecting Barker Das

ria FiHdfhlhil4104 Son:2007

.9 Aurobindo Das 34 Collecting Sarkar Nidh Das an Ch- 23 January 2008 Son

10 Saroj Das 39 Collecting Sarkar DasGopal Hari

08 February 2008 Sor

91 1-•

Soumen Ghosh 43 Collecting Sarkar Santosh Kr-Ghosh 21 March 2008 Son

12 Subhra Roy 45 Collecting Sarkar Sukumar Roy 28 June 2008 Son

13 Ajabul Hossein 47 Warrant Barker Mokbul 25 July 2000 Son

14 (Aida, Lai I--

50 Collecting Sarkar Asok kr- Lai 15 September 2009 Son

15 gra=hadee 3 Clerk Htilfilin! if Bhattatherjee 02 October 2009 Son

16 Md- Alihasan Habib 57 Collecting Sarkar Md- Nurman Ali 28 August 2010 Son

17 Jahanara Khatun 60 Clerk Kalo Khan 24 September 2010 Daughter

18 Sumit Goswami 64 Clerk Soroj Goswami 22 October 2010 Son

19 Kh- Rejabur Rahim 67 Clerk Kh- Hasibur . Rahim 13 November

Son 2010 20 Suprobhat Banerjee 69 Collecting Sacker Sitaram

Banerjee 23 April 2011 Son

The total position of vacancies for Group C as on 01.05.2013 are as follows: - F-

SI No Name of Post

Total Sanctioned

Post

Existing employee

Total Vacancy Proposed Cause of vacancy

1 Clerk 54 36 ' 18 5 The posts are vacant due to retirement /death of the employees as per thefisi •

noted in Annex-I

2 Bill Writer 7 2 5 2 Collecting Sarkar 37 25 12 12 Warrant Sarkar 5 3 2 1

Proposed List for Group ID

SI- Name of The No I Applicant Position

100 Pt. Roster Proposed

Post

Name of Decased

Employee D-O-D Relation

1 Kanan Bala Dey 3 Road Coolie Ranjit.Dey 01 February 2002 Wife 2 Kanakbala Das 7 Road Coolie Sadhan Das 21 December 2002 Wire 3 Bandona Paswan

1---- 10 Road Coolie Rajen Paswan 06 March 2003 Daughter--I

4 Sabiran Bibi 13 Road Coolie Sk- Muslim (2) 17 July 2003 Wife 5 Munni Routh 16 Road Coolie Raju Routh 17 January 2004 Wife 6 Sona Dome 19 Road Coolie Ramji Dom 16 November 2005 Son 7

_ Maya Devi 20 Road Coolie Shibu Mallick 24 November 2005 Wife 8 i Sukumar Santra 27 Road Coolie Saktipada Santra 08 December 2005 Son

ci.4 Tri #1 ! me

' 1 0 Jharna Bibi 39 Road Coolie Ayub Khan • 14 March 2006 Wife

it Ainif rpsacl 0 t4}0n tOinfolmi rims,' 4P9 art 'We er,n1 i

12 Ranjit Maily 45 Road Coolie Kishan Maily 19 July 2006 Son

13 Birju Dome 47 Road Coolie Dasarath Dome 26 July 2006 Son

14 Gopal Bagdi 50 Peon Amer Bagdi 06 September 2006 Son

15 53 Peon Tarun Basu Roy 12 September 2006 Son SubhadeepRoy Beau

16 Astami Ghosh 57 Road Coolie Rabi Ghosh 30 September 2006 Wife

w----**-triiiiiificjii*ii— RN pow! rams FIRMIll PlUtulpititil *0 Pettriamos 2007 WO., i

18 Biren Mahali 64 Road Coolie Bimal Mahali 04 July 2007 Son

19 Jumman Khan 67 Drain Coolie Sabila Bibi 11 July 2007 Son .—i

20 Raju Dalui 69 Drain Coolie Krishna Dalui 02 October 2007 Son

21 Banita Pal 73 Peon Sitanath Pal 26 November 2007 -1, Wife

22 Sk- Mirajuddin 76 Peon Sk- Sanu 12 January 2008 Son 1

Sk- Hay der 78 Drain Coolie Sk- Nazu & July 2008 Son

24 1 Taherunnesa Bibi 85 Sweeper Bablu Khan 18 July 2008 \Nile

25 Mamata Sil 86 Peon Shyamal Ch- Sil 11 December 2008 Wife

26 Aparna Haider 87 Drain Coolie Tarapada Haider 30 January 2009 Wife

27 Babu Dome(Mallick) 93 Drain Coolie Mangi Dome 08 March 2009 Son

28 Mangala Majumder 97 Peon Prasanta Majumder 29 April 2009 Wife

29 Shyamal Mali 100 Peon Dhananjoy Mali 26 May 2009 Sun .

Pran Krishna 30 Mondal 3 Peon Sambhunath

Mondal 23 June 2009 Son

31 Dipak Hazra 7 Drain Coolie Swapan Hazra 08 July 2009 Son-

Saurav 32 Chakrabort 10 Peon Sukumar

Chakraborty 23 September 2009 Son

33 Dipak Biswas 13 Peon Asit Biswas 04 January 2010 Son H

34 Kanti Dom 16 Drain Coolie Ranjit Dom 10 January 2010 Wife

35 Arun Routh 19 Drain Coolie Laxmi Routh 06 February 2010 Son

36 Sanjay Rajbanshi 20 Drain Coolie Durga Rajbanshi 10 August 2010 Son

37 Laxmi Rajbanshi 27 Drain Coolie Dome Rajbanshi 26 September 2010 Wife

38 Asha Bouri 34 Sweeper Lakshman Bouri. 06 December 2010 Wife

39 Sk- Sahajada 39 Drain Coolie Sahiran Bibi 23 December 2010 Son

40 Binod Dome 43 Drain Coolie Santi Dome 02 January 2011 Son

41 Alpana Maity (Roy) 45 Peon Mahadeb Maity 04 January 2011 Wife

42 Papan Nandi 47 Peon Modan Mohan Nandi

18 June 2011 Son

Eitate Pubiiclniorrnaiion Officer Burcivian Municipality

The total position of vacancies for the following posts as On el .04E1 are as 19119Ws•

,-1 1 l'4 0

Name of Post Total

Sanctioned Post

Existing • employee

Total Vacancy Proposed Cause c4" vacancy

I . 1 Peon 73 44 29 13

The posts are vacantdue -:c retirement /death of the

employees as per the list noted in Annex-II

2 . Road Coolie 207 149 58 15 E---

L 3 Drain Coolie 194 126 68 12

4 Sweeper 191 165 . 26 2

In reference to the memo no. 196/MA0/C-9/2A-2/2011 dated 3rd June 2011 from OSD & Eq Specs.

Secretary, Department of Municipal Affairs Government of West Bengal, it appears that there is no reservation specifically for compassionate appointment vis-a-vis Exempted category vacancy. (Copy Enclosed)

In view of above, I may request you to look into the matter sympathetically for according your approval

this regard at an early date.

Thanking you,

Ch Burdwan

1'4

rman unicipality

1. Annex-I: Cause of vacancy for Group C 2. Annex-Il: Cause of vacancy for Group D 3. Copy of the memo from Deputy Director of Local Bodies, Burdwan Division 252/1/DDLB/B/101/8-01

Pt I dated 13th August 2012 4. Copy of the memo from Deputy Director of Local Bodies, Burdwan Division 347/1 /DDLB/B/101/8-0

Pt I dated 27th November 2012 5. Copy of the memo from. Deputy Director of Local Bodies, Burdwan Division 119/1/DDLB/B/101/8-0

Pt I dated 21' May 2013 6. Extract of the resolution of the meeting of Board of Councilors , held on 30.05.2013 7. Copy of the memo no. 196/MAO/C-9/2A-2/2011 dated 3rd June 2011 from OSD & EO, Special

Secretary, Department of Municipal Affairs Government of West Bengal

Memo No: - Date: -

Copy forwarded for information to The Deputy Director of Local Bodies, Govt of West Bengal

Burdwan Division, Pipulpati, P.O. & Dist. Hooghly.

Eiuruftari Municipality kr )9 Cha an

ILBurdwan Municipality tltl

.)* VINc)

EncS:-

Annex-I

MM of vnnnriny R

SI No. Name of retired employees Date of retirement Designation

31 01 2005 30 04 2005

Clerk Clerk

31 05 2005 Clerk Clerk (31 07 26119

Clerk 31 03.2013 - —.- 10.04.2013

10042013

10 04113

10 04.2013 1

Cause Designation

[Collecting Sarkar Retirement

Collecting Sarkar Retirement , — ,

Collecting_ Sarkar 1 Retirement .____ __. Collecting Sarkar 1 Retirement

Collecting Sarkar Retirement '

Collecting Sarkar Retirmer,l Collecting Sarkar

,.itate Public Inf‘diation4er Burdwan

1 Aditya Kumar De 2 Dibakar De 3

5

a

9

12 Narayan Chandra Bhandari

la Bibhuti tilhusan E31ThWall .1 4 I Bhutnath Ghosh

Dwijapada Das, promoted to UDC

Gouranga Banerjee, promoted to UDC

Swapan Dutta, promoted to UDC

Gobinda Saha, promoted to UDC

Clerk 31-08 2005

L.D.0 2:005 31 12 2006

L.D.C. 31.05.2007 -

L.D.C. 30 06 2007 L.D.C. 30 097007

L.D.C. — 31 of-Zoon - 31 05 120158

Clerk 3107.2009

Pulak Neth SII , Nighlt KU Mir

Samir Kumar Bhattacherjee

6 Sri Nirmal Kr. Sam 8112Pgrabnelfiffrelitt-' :iaradhan Das

Clerk

Clerk

Clerk

Clerk

SI No

1 2

3 4

1 Name of Retired _ Employee

Durga Charan Mukherjee

Date of retirement

January 31, 2005 January 31, 2005 Mohit Bhattacherjee

i Nitya Narayan Das September 30, 2005 Monotosh Majumder January 31, 2010

5 6

Saday Das Januar 31 2010 I Basanta Chatterjee FeOruary 2, 2009

Md. Tarek 7 January 31,2011

8 Premtosh Karmakar October 31, 2011 9 Amal Ratan' Dhar November 30, 2011

j Dibakar Das 10 September 30, 2012

11 i Subhas Hazra January 31, 2013 , Monoranjan Chakraborty 12

April 30;2013

15

15

17

18

Shamsul Alan,

Sato) Kumar Mukherjee Bimal Banerjee

I Collecting Sarkar , Rearement fi Collecting Sarkar Thetie;teit

Collecting Sarkar Retiremeni !

Retirement Collecting Sarkar rRetiremem ' Collecting Sarkar 1 Retnementi

31.01.2009 Warrant Sarkar ) RetireMent •

Bill Bill Writer T Reiirernent

Writer 1 Retirement I

30.11.2008 31.07.2011

Subhas Bose I Jaysree F3hattechenee

Bibhuti Bhusan Biswas

Date of retirement

Annex-11 Cause of vacancy for Group D

Designation

'MOngra Oraw

Retirement Retirement

Retirement 1

1 Retirement Retirement Retirement Retirement


Rehr ment H

2 Saharaj Dome

9 Santi Hazra

Drain oolie Drain Coolie Drain Coolie

31.12.2012 Drain Coolie

31.05.2013 30.09.2005 31.05.2006 31.05.2008

Peon Peon Peon Peon Peon Peon

12

11 Sk. Jakir

Ramsinger Routh

Si No Name of Retired Employee

Anjali Hazra

Mahadeb Digar Sarah Routh

Rabindra Nath Mondal Soya Hazra Aski Hazra Sk. Khudu

Road Coolie Road Coolie J7.4“ 00'

Road Coolie Road Coolie Road Coolie Road Coolie

Road Coolie Road Coolie

Road Coolie Road Coolie Road Coolie Road Coolie Road Coolie Road Coolie

Retirement Retirement Bataan-tint Retirement

1 28.02.2005 31.09.2005

5 6 7

1-5 31.08.2011

31.05.2011

10 11 12 13 14

15 31.05.2013 31.05.2013

31.05.2005 30.06.2005 31.05.2007

Haru Hazra Lana Basfore Mokbul Hossein

8 Sk. Habib 9 Sukdeb Mondal

10 Maya Had

1 Tulshi Dasi 30.04.2006 2 J Samir Sarkar 31.01%2007 3 Saida Khatoon 31.01.2009 4 J Nahuba Bibi 30.06.2010 5 Umapada Santra 30.09.2010 6 j Manija Khatun 3I.07.2012 7 Maya Rani Das 28.02.2013 8 Abdul Rahim Sk. 31.05.2013 9 Mriganka Nandi 31.05.2013

10 Puspa Ghosh 31.10.2006 11 Satindranath Bhattacharyya 31.03.2011 12 Sitaram Banerjee 23.04.2011 13 Niraj Baran Das 30.04.2011

Retirement Retirement Retirement _1



Retirement Retirement Retirement Retirement

Retirement

Retirement Retirement Retirement Retirement Retirement Retirement Retirement Retirement Retirement Retirement Retirement

Death Retirement

Drain Coolie Drain Coolie Drain Coolie Drain Coolie

Drain coolie

3

Md Nazem

31.08.2005

Cause

31.05.2012 31.05.2012

28.02.2013 30.04.2013

31.08.2007 31.05.2009

31.65.27313

Zulekha Bibi Bimala Bag Bhuneswar Maily

Retirement

1 2 3 4

6 7

Mobarak Khan Mokbul Khan Ruka Routh Amiya Hazra

Drain Coolie Drain coolie

31.05.2011 Drain Coolie

31.05.2013

Peon Peon Peon Peon Peon Peon Peon

30.06.2007 31.12.2009

1 J Benarasi Dome 2I Nanda Rani Malley

28.02.2005 31.05.2005


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reference to above. this.ls •th•Inforin•ypu that on the bails of *the .appii6eilciri received from the heirs of the

:ceased employees of different categories pertaining to thisiilunicipality, Inspections ware heidby the 3 (three)

en (ommittee constituted liy..ChSlinistn, Bur4en i.kOnrelpility,.. tascutt;ie' Offleer, BurdWan Mdnicipality and

sputy Director of Lopill &All.; SUft1WW1 Division. is inspection report along with other testimonials Were fotharded to:your office by the Deputy. Director of Local

>dies! Burdwan Division under their..Office:memo no. 1) 25*/1/0DLIM3/1.61/8-01 Pt 1:dated,.13° August 2012..2)

•7/1/DDLE3/0:101/8-01- Pt Ildated trb November 201'2 ant llailitipj.W9/i01/8-61 Pt ltdated risi May 2013.

1 the basiS.;:lof the said reports and folloWing the criteria; put In:The IfilOst Bengal Municipal' Employees

ecruitmentiFfules.2005", Board of Counoilortin liatheetitig; held On -3.0405.2613 .riseived a listof 62 (Sixty ,. I(

( yo) eligible candidates for the purpose or recruitment. . . .. irther, in thaiMeefing.of Board of *Coonclioraheld:bn 28.05.2014 the said orOposai regarding the eligibitly for

post of the tandidates.proposed ear drou0'•was revised!(9Opy.anclosexi). The revised list is noted below: -

.PrOpoeed List foci:060ot

•S I- No

Name of The Applicant .

100 Pt. I • - • Roster i ,AuslifIcation PbsitiOn

, reposed • .. Rost

, . • . , Nolo of Decrised • • • ,• graployeb .:,• '

. • . • b-Cl-D

. Relation ,.

1 °lanolin! Muklierjec . 3 i • !Korn •Clerk •ilialitah-.Mtrkhetice • 053eiitazy 2002 Son

2 , Stirmila Chnttcrjee ' Clerk Vivelcinania Chatterjee 17 March 2005 Daughter

3 Clurreinisini Ray 10 H-S- Clerk Swapsa Kr-Roy 20)01y 2005 Son

4 Bimini:lin De 13 13,Com Clerk : Santoalt Kett 08D ecem Ler

• 2005 Son

S Sanith Dcy . 16 Dip. in El' 8: Tele Com Cleric •JiipinsditeY 01 February 2006 Son

O Debubrata Tewnri 19 B-Coin . Clerk

•;

Dsbdas tswazi 02 June 2006 Son

lava Biewas 20 .64adhysimik 41:1;er Sibuynnije Bisons . . 07 Oetoker 2007 Wife

8 Blutpcsli R- Das --..--;-_

27 H-5- Clerk • Bhsba•R isnjan Dal .05 14 *ember 007

Sort

0 Aurobilicio Das . I

34 II Ishelhymnik Clerk - Nidhan Ch-Das 23 January 2008 Son j

\‘"1

gal YOUik inRSIT8l108 Officer BUrdwitfilhoiriPailtY

Peon Sk-• Saha' • 22 Sk-aAiraluddin 76

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•10 Road:Coolie

Si- orThe -Na Applicant "

K nan.Sala Day • •

3 Ea. done P4SWall •

60

03 •

57

60

64

67

69

14 G4hat Sagdi

15 Sabi-fades], Basu

16 Astami abash

17 Kann Rajbmishl

18 Biren.Mahall

19 Jumman Khan

20 . Raju Dalul

21 Baoita Pal 73

Wife

Daughter

01 February. 2002 •• Wife —1

21 Dec.einber 2002

:08 Maroh0303

Son

Son

19 July 2006

26 July 2006

Son

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Wife

Son

Son

Son

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12September 2006

30 September 2006

28 February 2007

04 July 2007

11 July 2007

02 October 2007

26 November-2007

Wife

Wife

fl fi

23 AP412O1. Son ditaazo BAnesiee

silitteltsdtita su

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ricesseessAnt'et. b Ronan 5j?ly3009

1/54=22111=111131. • ga Auguri 2010 Son

PEI

:1141t411281nulachitice •

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w. Son

lir 1;

22 Octqbet 2010 Son

6 " Saroj

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skiabolitifossain

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' 39 •

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'45

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5¢•, .I.iadbrrntlk

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,

4 Olken Bibt

5 39lOintRoutti . •

6- • S, 'a Dome•

7 . atya Devi.

10 ;140,trie Sib( • i . ; a.. . Road Coolie .

1 AitikMMCC.i cl' ._3 .—Peon

12 134i;Jit Mally , • 43

13' Bah .Dorne- - 47

Wde

16 November 2005 " Son

24•Noyeinbet 2005 ' Wife

08 Deptimbet 2005. Son

•94 FebtUary:2098

14 March2006

23 June 2006 • So

06 September 2006 Son

12 January 2098

et,Staritai

PtOposed or. .Post

3 Road Coolie

Doasktred• D-O-D Relation

•• EM to as

:Rail Routh.

'Peon Sitanath•Pal,

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• :1•3 Road:bdolle.•

16 • •13oad Cootie.%

.19 Road'COolle'

20- e• • • Road Coolie.%

27 Road Cecilia

Soh

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Bablu Rajbaashi

alma! Mahal' .

Krishna Chilui

Kthaakbala Das

ROad•Coolle

Rhad. Coolie

Peon

Peon

Road Coolie

Road Coolie

Road Coolie

Drain Coolie

Drain Coo! e

• SPF1:13111111)4 2thrl8

31nrcit 201/8

28 Raw 20161

25 July 2009 .;

15 September r sm

Clerk Kit- Hasibur Rabin,

mtproblini Bowlike •

Itegabur Rabin, 67

69B-Com Clerk Sharron Beatrice 23 April 201 I

04101)*, ;0119 ! : 1

Atiatirlo

24 Sepitiolitir 111 , su„, ljn,,

Plaltrillau I._ i d, 13 November

Proposed List for Group D

SI- No

i

Name of The

Kanan Bala Doy

Applicant Post Roster Position

100 Pt Name Proposed

of Debased

Em • lo oe

13 -0-0 —__ ...„ _—

61 February 2002

Rotat

... . ..... Wit'

Win

Daugt

VVifi

3 Road Codas . Ranjit Day

2 Kanakbala Das Road Coolie Sadhan Das 21 December 2002

3 Bandona Piswan 10 Road Cdolie Rajen Paswan 06 March 2003

4 Sabiran BIM - 13 .Road COONS Sk- Muslim (2) 17 July 2003

5 Munnl Routh 16. Road Cooke Raju RoUth 17-January 2004 Wifi

Sof 6 Sona Dome 19 Road Calks Ramji Dom - 16 Noveniber 2005

7 Maya DeVi, . 20 • Road Cooke Shibu Mallick 24 November 2005 War

_ Sol-

Witt

WilE

8

9

10 -

11

12

Sukumar Santra 27 Road Coolie Saktipada Sentra 08 December 2005

Parbatl Bagdi - 34, Road Cooke Banshi.Bagdi 04 February 2006

Jharna Bib( 39 Road Coolie • Ayub Khan 14 March 2006

Anti( Prosad' 43 Peon Santalal Proud 23 June 2006 • Son

r Ranjit Mally 45 Road Cooke Kishan Malty 19 July 2006 Son

13

14

Birju Dome -47 Road Coolie Dasarath Dome 26 July 2006 Son

Gopal Bag& 50 . Pebn .Amar Bagdi 06 September 2006 Son

Son 1, '-'

16

17

16

19

Subhadeep Basu Roy

53 . Peon Torun Basu Roy. 12 September 2006

Astami Ghosh 57 Road Coolie Rabi Ghosh 30 September 2006 Wife

Wile Kanti Rajbanshi 60' Road Coolie- Bablti Rajbanshi 28 February 2007

Siren Mahali 64 Road Coolie ' Bimal Mahali 04 July 2007 Son

Jumman Khan . 67 . Drain Coolie Sabila Bibi 11 July 2007 Son

20 • Raju Dalul • 69 , Drain Coolie Krishna Dalul 02 October 2007 Son

21 Banita Pal -73 Peon Sitanath Pal - ' 26 November 2007 Wife

22 S a- Mirajuddin 76 Peon - Slc• Semi 12 January 2008 Son

•

r.thlic in ation Oflicor Butdwan Municipality

In Bann Das

I t Soomen Ghosh

12. Sabina Roy

I3 •Ainbul Hossein •

I

Nit!. Alihasan Habib

IS r St1111110oswasui 64 H-S

39 . H-S; Clerk . Copal Hen Due

43 B. Com Pt-1 Clerk Sentoeh Kr- Gawk

42 . Clerk Sukomer Roy

Asst' 47 Madhytunik. Teach

er

klOkbul Nought

50 Msdhyinak Tacher Atoka; Asst. , . . Lai

on

ler

- • ^

i. nf: is: - As above

Thanking you.

ra7-7`‘'ILI Chairman

Curdwifi'Municipb;lity

Date: - 0

State POI:- "flu

Chairman Burdwan Municipality

23 Sk- Nodal' 78 Drain Coolie 8k- Nazu 18 July 2008 Son

44

25 Tiflaffir11100 MOM oto 1440.0 $40104104 r.

• Mamata 86 Peon Shyamal Ch-

26 Apama• Haider 87 Drain Coolie Tarapada Haider 30 January 2009 Wife

27 Babu Dome.

- (Mallicid 93 Drain Coolie Mangi:Dorne Ot March 2009 Son

28 Mangala Majumdar 97 Peon Prasanta Malumder

29 April S09 wife

a9 shyamal Mali 100 Peon . DhananJoy Mall 26 May 2009 Son

30 ORFM Atrayinalh la nrns toOP Son

31 Wink Hazri 7 Drain Coolie Swapan Hazra 08 July 2009 Son

2S 194, Istriber 2b09 33 Dipak Blown 13 Peon Ash Blawas 04-JanuifyToirr Son

34 Kant' Dom 16 Drain Coolie Ranjit Dom 10 January 2010 Wife

35 Arun.Routh 19 Drain Coolie Laxml Routh • 06 February 2010 Son

35 Sanjay Rajbanshi 20 Drain Coolie Ourga Ralbanshi 10 August 2010 Son

37 Lazuli litalbaoshi . 27 Drain Coolie ,Doma RaJbanshi 26 September 2010 Wile

36 Asha Baur' 34 Sweeper Lakshman Bouri 08 December.2010 Wife

39 Sk- Sahaiada 39 Drain Coolie Sehiran Bibi 23 December 2010 Son

40 Blnod Dams 43 Drain Coolie Santi Dome 02 January 2011 Son

41 Alpana Malty (Roy) 45 Peon Mahadeb P/fa ity 04 January 2011 Wife I

Papan Nandi 47 • Peon Mogan Mohan Nandi 18 June 2011 Son

reference to the memo no.196/MAO/C-9/2A-2/2011 dated r June 2011 from OSD & Ea Special Secrera,'

‘fe.lninent of Municipal Affairs Government of West Bengal, it appears that there is no reservation epecif (cal:

compassionate appointment Vis-a-vis Exempted category vacancy. (Copy Enclosed). The list of vacancy •

. .3;K:losed for your kind perusal.

w of above. I may newest you to look Into the matter sympathetically for according your approval in (hi

....mi.: al an early date.

uy forwarded for Information to The Deputy Director of Local Bodies, Govt. of West Bengal, Burdwai

is Pipulpatl, P.O. & Dist Hooghly.

•..

• • of the thiallN

Veva ric Position of tha:POsts as on 01. 6 .2014

Overietergn-Charae Accountant Tax Collector Superintendent Water Wixom

Asstt. Acitountant 8 9

12

13

14

License Inchargo (WC)

Clerk-in-Qharge ( DC)

Supdt. Store.

Sanitary inspector.

Latrihe Inspector •

Overseer

Sub-Asstti Engineer. .

Steno Typist

Add. Assn. qatt..

Hackeny Carnage Dispoctor-

Asstt. Cubist

Cash Mohan:sr .

Lp.Cleitic Typist

Bill Writer .

Orderly ' •

CollectingSarkaf

30 Roa. Seeks?.

31 Peon + Mastenger Peon •

5

22

23

36

37

30

39

40

Chawldclar . • '

Night Guard (N.G. Helpers! W.W. Been.)

Warrant Serino

Meat Inspector

Turner Driver

Fitter Driver:

Assn. Fitter Driver .

Punip Driver/Puny Opitnitorl.. Elec cum Pump Drlveilpump Su ervIsor Valve Operator

Oil Man

Blacksmith • •

,

air 90.r."Irisircria 'on-Officer

• liu:c,.,;,,vx.ritipall.ty

6 gilt Burdw .1 i.-•unialualdy

r

--t

X HaMIltalpith

Filter Goon. 0

6 45 Wear

6

46 • rim Mito0

47 Roller (Meer t a , .

bus " • o

al /21.11t11.1a /ill IIII .

50 Carpenter

51 Mat Latrine Inspector ;0 1

52 Trenching Ground Supervisor . • , i , 1

53 Matt Trenching, Ground SUpervisor 1 1

54 Sanitary'Assistant '0 5

55 Cleanqr t 7 3

56 Ward Assistant 9 2

57 Vaecipator 14

58 Sister4m9harge . 1

59 Slurs*'' .2 0 .2

60. Printer. . 1 0 1

61 5bmPosi r • . 1" 1

62 Maiihinemalocum.9ressman 3 1 2

63 Rollennan --r I— 0 1

64 Light inspector 0 6

65 Headmaiter 11 3 8

66 AsstL bomber 43 .30 13

67 Priest 09.01" 1:o, 1

68 Latrine.Pleansri MifttooriMiStore/TSC 170 58 112

69 Praihthanertia.D.0 Q1. • 131 69

70 Road.Ortolis 210 •153 57

71 Sweepsrvit Officer Sweeper 194 159 35

72 6.13. tont. 51 D..C. Dome 6 .

73 Store Keeper 1 1 p

74 Motor Soasausenktoolie ' 25 18 7

75 Hydra)* Marv% Coolie - 3

76 Mott MotorMsehertie . 2 3.

77 Motor *ohmic

78 Suweitg

79 - Telephotte.Oporator 0

80 Assistant inspee.or - 2. 1 1

81 SeavongIng Inspector 12 1 1

82 Supervisor of B.S.Peon 't 0 1

83 Main Ditto Supervisor 0 1

84 Scavanging Hsiper 2 0 2

85 Sill Servor cum Peon 6

86 • Labour • o A

87 Meihreel 1

88 Recordlresper '

TOTAL t .1221.. ' 787 434

1 Airr; of r,,,,, S i.32-- ----ST

iktj 23) • . . ' 1 1 '''.

FL 'Ma Public .nformailorreiiicer Rattan lAanicipagly

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Constitutional Writ Jurisdiction Appellate ewe

r2M. W.P. No. (W) of 2015

In the Matter of:

An Application under Article 226 of

the Constitution of India.

And

In the Matter of:

A Writ in the nature of Mandamus,

Prohibition, Certiorari and/or any

other appropriate writ or writs and/or

order or orders and/or direction or

directions.

And

In the matter of :-

West Bengal Municipal Act, 1993 and

the West Bengal Municipal Employees

(Recruitment) Rules 2005 ;

r

2

And

In the Margpr

Your petitioner's application dated

;m1440,00E1 preying for appointment

of compassionate EtV FO.04 i

An d

In the Matter on

Memo being No. DDLB/B-101/8-01.

Pt. I dated Hooghly 27th November,

2012 issued by the Deputy Director of

Local Bodies Burdwan Division ;

And

In the matter of :



Burdwan Municipality ;

And

In the matter of :



Burdutan Municipal

3

And

In the matter of :-

Ymir nrtftfrIrtror'il rrnrlrrpnPtlpipn nempe

the respondent authorities ;

And

Its 04pi ninnti.

Illegal and malafide action on the part

of the respondent autherities for not

taking any steps for giving

appointment to your petitioner on

• compassionate ground ;

And

In the Matter of:

Soumen Ghosh,

Son of Late Santosh Kumar Ghosh,

residing at Village & P.O.

Baikunthapur, District : Burdwan,

Pin - 713104.

Petitioner.

Versus :-

4 ,C7e2-1)

1. The State of West Bengal,

Service through the Secretary,

Department of Municipal AfMire, and

nokirmestM P40.0110 st hfahrtrtna, Shibpur,

How-rah - 711 102.

2. The secretary,

nennftment of Labour, Government of



3. The Director of Local Bodies,

Government of West Bengal, having

his office at Purta Bhavan, 1st Floor,

Bidhannasgar, Kolkata - 700 091.

4. The Deputy Director of Local

Bodies, Burdwan Division, having his

office at Pipulpoti, P.O. 86 District :

Hooghly, Pin - 712103.

5. Burdwan Municipality,

A bc,dy corporate with cein!non se&

k.;:tifirt17,17.or dhvn

5

ita atilt" at (LT, Road, P.O: & District

: Burdwan, Pin - 713101.

6, The Chairman, Burdwan Municipality.

having histdfice, at G.T. Road, P.O. &

District : Burdwan, Pin- 713101.

7. Executive Officer, Burdwan

Municipality having his office at G.T.

Road, P.O. & District : Burdwan, Pin -

713101.

a. The Board of Councilors,


hMng yip offloo at (1.T, Rood. P.O.

District : Burdwan, Pin - 713101.

....Respondents

Office notes, reports; C5rders or proceedings with signet*

.• tr Lion aatea 7"'

June, 2014, a copy of which made Annexure 'P-r to the writ

petition the approval of the Director of local bodies has been

The matter Is now pending with the Director of local

bodies, being the respondent no. 3. Let the respondent no. 3

.o,

NB

No. Date

25 17.03.2015 W. P. No. 3235(W) of 2015

Sekityan @heath 'VW INA1914141

Mr. Mrinal Kanti Ghosh ....for the petitioner.

Mr. S. Sengupta, Mr. D. Monde(

fon the State.

Mr, SO:thesis Pontlepsolhwow ...for the respondent nos.5 to 8.

Affidavit of service is filed in Court today. Let the same be

kept with records.

The writ petitioner is the son of an employee of Burdwan

municipality, who passed away while in serice one 215t March,

2008. The petitioner wants to be Engaged inj the service of the

municipality under a special category Mich commonly

referred to as "compassionate appointment".1 A legal heir of a

deceased employee is given priority in empleyment under that

head. It appears that the municipality has made the NeArritt. ttAn. p424-; Heloaft

recommendationias is evident fropi a communication of the

P4err t Chairman, Burdwan municipality addressed tthe fecal bodies,

Government of West Bengal. In this rnmmu u , • --

2

Office notes, reports[Orders or proceedings with signaturg'

take decision on the recommendation of the 'Chairman of the

municipality within a period of ten weeks from the date of

mmtnmordmatilwri rff Offs lorNstr, -rem ritattom, in $tarH Rhea° we faint

1

to the Chairman of the municipality within a udherlperiod oft-me

week. In the event the respondent no. 3 regires any clarification

on eligibility of the petitioner for being engaled in that capacity,

then he will seek such Clarifloatidrt from the petitioner before

taking his decision. The writ petition stands !disposed of

accordingly.

Having regard to the scope of the dispute I did not think

any affidavit was necessary for ttJ purpose of final i adjudication

Tom` , of this writ petition. Aceeettiegr though this writ petition was listed 1

today under the heading To Be Mintioned', the . sarne has been

i disposed of on consent of the learned Advolates appearing for

the parties.

There shall however be no oder as to Costs.

LL /- /49-),?-rin_csaA /terse _ +,

(Ankuddhe Bose, J.)

Yours faithfully.

f6x SF itAke /

Government of West Bengal DIRECTORATE OF LOCAL BODIES

PORTA MAYAN, (151. FLOOR) BIDHANNAGAR, KOLKATA —700 091

No. if 2_71P/DLB/B-101/13-2015

From: The st Ben Director gal. of 1,ocal Bodies,

To: 9 The Chairman, prOwtill tr4110110fifIlliab

13 _0.- Burdwan, Dist.- Burdwan, Pin — 743165.

2. Sownen Ghosh, S/o, Late Santosh Kumar Ghosh, \V ill, & P.O. — Baikunthapur, Dist. — Burdwan, Pin- 713104,.

Dated, Kolkata, the 29 A— October, 2015.

Sub: W.P.No.3235 (W) of 2015 Soumen Ghosh

- Vs. - The State of West Bengal & Others

(Burdwan Municipality)

Sir, In pursuance of the order of the Hon'ble High Court, Calcutta, dated 17.03.2015 passed by

the Hon'ble Justice Sri Aniruddha Bose, J. regarding the court case noted above, a hearing was held

on 16.10.2015 at 12 Noon in the Chamber of the Director of Local Bodies, West Bengal and a

reasoned order was passed by the undersigned. A copy of the said reasoned order is sent herewith

for your information and necessary action.

Endo.: As stated Director of cal Bodies, West Bengal

VtltPi Nei 32 (W) of 2015

Soumen Ghosh

The State of West Bengal and others

(Burdwan Municipality)

Reasoned Order

In terms of Order dated: 17/03/2015 of the Hon1bleEigh Court, Calcutta, in W.P. No. 3225 (W)

of 2015 in the matter of Soumen GhOsh —Vs: The State of West Bengal k Others (Burdwan

Municipality), the respondent No.: 3, being the Director of Local Bodies, Government of West

Bengal, was directed to take decision on the recommendation of the Chairman of the Municipality

within a period of ten weeks from the date of communication of the order. The decision in turn,

shall be sent to the Chairman of the Municipality within a further period of one week. It was

further directed that in the event the respondent No.: 3 requires any clarification on eligibility of

the petitioner for being engaged in that capacity, then he will seek such clarification iron the

petitioner before taking his decision.

In compliance with the aforesaid directions of the Hon'ble High Court. Calcutta, the undersigned

vide no. 1209/DLB/B-101/13-2015, dated: 08/10/2015, requested the Writ. Petitioner and also the

Chairman of the Burdwan Municipality to attend / send their authorized representative for a

hearing on 16/10/2015 at 12:00 Noon in the chamber of the Director of Local Bodies, West Bengal.

with all relevant papers.

On the scheduled day of hearing the Writ Petitioner Sri Soumen Ghosh was present and

Sri Joy Ranjan Seri, Secretor/ of the Municipality who was authorised by the Chairman of the

Municipality to attend the hearing, was also present.

The contention of the petitioner is that his father, who was employed as a Worker in Cash

Department under the Burdwan Municipality, dies while in service. Immediately after the death of

his father, the petitioner applied before the Municipal Authority for appointment on compassionate

ground. The Chairman of the Municipality after observing necessary formalities, forwarded the

proposal for consideration of appointment under compassionate ground to the Director of ;mem

Bodies, West Bengal, vide Memo. No.: 10060(11-6, dated: 12/06/2013. However till date ne

approval has been issued by the Director of Local Bodies, West Bengal. The petitioner prayed that

in view of acute financial hardship, his appointment on compassionate ground, under cite-in-

harness category may he considered for approval.

Page — 02 —

The Secretary present on behalf of the Municipality submitted that since the petitioner is eligible for being considered for an appointment on compassionate ground, under die-in-harness category

and since the Burdwan Municipality has already sent necessary papers in this regard in the Office

of the Directorate of Local Bodies, West Bengal, accordingly, the prayer of the petitioner for

appointment on compassionate ground, under die-in-harness category may be considered for

approval, by the Director of Local Bodies, Government of West Bengal.

The Secretary of the Municipality further submitted that no application of any candidate senior to

the present petitioners for consideration of appointment under compassionate ground in die-in-

harness category is pending with the Municipality. However, the Secretary was directed during the

hearing to submit a letter in this regard duly signed by the. Chairman of the Municipality at the

earliest.

As directed, vide Memo. No.: 834/XII - 6, dated: 17/10/15, which was received by the undersigned

via e-mail on 28/10/15, the Chairman of the Municipality has submitted the necessary reply.

The parties were heard, the relevant orders and files examined.

Be it mentioned here that for consideration of appointment of municipal employees under

compassionate ground, in die-in-harness category, the Director of Local Bodies, West Bengal, was

guided by the orders of the Department of Municipal Affairs, following the provisions of Labour

Department, vide No.: 664/MA/0/C-9/2A-23/2005, dated: 26/09/2005.

However, the Labour Department, Government of West Bengal, has issued a Notification No.:

251-Emp, dated: 03/12/2013, regulating appointments only for Government employees on

compassionate ground through a scheme titled "West Bengal Scheme for Compassionate

Appointment, 2013" , in supersession of all previous orders in this regard. With the issue of such

Notification, appointment of municipal employees under compassionate ground, in die-in-harness

category, cannot further be considered upon by the Director of Local Bodies, West Bengal.

In view of above, a clarification was sought for by the Director of Local Bodies, West Bengal,

from the Department of Municipal Affairs, vide No.: 1496/DLB/Misc-2/2011, dated: 30/12/2013,

regarding applicability of the said Notification in respect of appointments under compassionate

ground, in die-in-harness category.

The Department of Municipal Affairs, vide No.: 123/MA/0/C-9/2A-23/2005, dated: 31/03/14, has

intimated the Director of Local Bodies, West Bengal, that the matter has been referred to Labour

Department, Government of West Bengal, regarding applicability of the said Notification in respect

of appointments under compassionate ground, in die-in-harness category, in the municipalities of

the State.

All concerned may be informed accordingly.

Director of i cal Bodies

Government of West Bengal

Page — 03 —

nit apart in its file Won mnieenosen Rao? nil OM fl ftf/litRar trt Pattittninpit WrIftfEfli bffilMin

policy on compassionate appointment on the basis of which Statutory Bodies / Local Authorities

will, inter-alia, offer appointment to the dependants of their employees dying-in-harness. The file,

after it was considered by the Labour Department, Government of West Bengal, was submitted to

the Finance Department, Government of West Bengal, however, the Finance Department on

26/12/2013, has informed the Department of Municipal Affairs, Government of West Bengal, that

extension of such benefit to the employees of Corporation,, Undertakings, Boards, Local Bodies

etc. are not under consideration of the Government, at present.

In view of the aforestated observations of the Finance Department, the Director of Local Bodies,

West Bengal, has no authority to consider the appointments of Urban Local Bodies, under

compassionate ground, in die-in-harness category, unless the policy in the natter is laid down by

the State Government in the Labour Department and the Municipal Affairs Department, and

accordingly, as of now, the prayer of the petitioner for consideration of her appointment on

compassionate ground, under die-in-harness category cannot be considered for approval. However

as soon as the State Government may extend such policy for consideration of appointment of the

employees of the Urban Local Bodies, under compassionate ground, in die-in-harness category, the

prayer of the petitioner shall be considered by the undersigned accordingly.

The case is thus disposed of.

Government of West Bengal? michredjati Muniei a iity

Directorate of local Bodies

Bidhannagar, Kolkata-700091 Pnrtn ahrtvort {tpe Firinr1

No.1287/(4)/DLB/B-504/13-2013 Dated Kolakta the 19th Nov. 2014 From Director of Local Bodies, West Bengal.

To 1. The Chairman, WithInbati ipelitys ki.o. 8neorapriun, Dist. Hooghly, Pin-712223.

2. Sri Subrata Paul, S/o. Late Amar Paul, SCM Road, Hatisala Ghat, P.O. Baidyabati, Dist.- Hooghly, Pin-712222.

3. Sri Chiranjit Saha, S/o. Late Gobinda Ch. Saha, Vivekananda Road, Sukanta Pally, P.O. Baidyabati, Dist. Hooghly, Pin-712222.

4. Monojit Gupta, S/o. Late Swapan Gupta, Baidyabati Chowmatha, Ghosal Math, P.O. Baidyabati, Dist. Hooghly, Pin-712222.

Sub: W.P. No.12701 (W) of 2011 Subrata Paul and Others

-Vs- State of West Bengal & Others

Sir, (Baidyabati Municipality)

In compliance of the order of the Hon'ble High Court, Calcutta, dated 17.06.2013 passed by the Hon'ble Justice Sri I.P. Mukherji, J. in connection with the W.P. No.12701(W) of 2011 and C.P.A.N. No.2216 of 2013, Subrata Paul and others -Vs- Sri Jaideep Duttagupta and others and thereafter a rule issued by His Lordshipin W.P.C.R.C. No.103(W) of 2014 a copy of order dated 19.11.2014 passed by the undersigned which will speak for itself is sent alongwith an annexure for your information and taking necessary action.

Yours faithfully,

Director of Local Bodies,

Enclo: As stated above. West Bengal.

W.P. No. 12781 (W) of 2011 tirthram Ptirl Ms Whirr

-vs- The State of West Bengal and Others

(Baidyabati Municipality)

ORDER In terms of the Order dated 17.06.2013 of the Hon'ble High Court, Calcutta in W.P. No. 12701 (W) of 2011 in the matter of Subrata Paul & Others -Vs- The State of West Bengal & Others (Baidyabati Municipality) the respondent No.2, 4 and 5 being the Director of Local Bodies. gmvierrttrwim, nt w nC iiingtippo tits Fap.ormil, mititigthtt-AP ph n.ti ethoott+smiik Hr West Bengal, Department of Municipal Affairs and the Deputy Director of local'Bodies, Pipultm.iti, Chinsura,h4 Dist: 14000.1v, was dirt: cted activetv consider the case oi the writ petitioners ior appointment in a permanent post within three months from the date of communication of the Order, Such consideration should be by a reasoned order to be passed by any one of the above three respondents.

In compliance of the aforesaid Orders of the Hon'ble High Court, Calcutta a hearing was held by the Director of local Bodies, West Bengal on 02.09.2013, at his Chamber at Salt Lake City, Kolkata, wherein all the three writ petitioners as also representatives of the Baidyabati Municipality were present and attended the hearing. In continuation to the said hearing the Director of Local Bodies, West Bengal, passed a. reasoned order, dated 07.10.2013, wherein it was clearly mentioned that all the three writ petitioners may be considered for appointment against the posts to which they have already been appointed by the Municipality. However some more information were required for which the Chairman of Baidyabati Municipality was advised in the said reasoned order, to intimate the required information to the Director of Local Bodies, West Bengal, so as to enable the Directorate Office to issue necessary orders in the matter.

Thereafter, the Chairman, Baidyabati Municipality was time and again reminded to furnish the relevant information, vide this Directorate's No. 1454/DLB/B-504/13-2013, dated 19.12.2013, followed by No. 102/DLB/B-504/ 13-2013 dated 27.01.2014. After waiting for almost four months subsequently, the Chairman, Baidyabati Municipality vide No. 2136/A-28, dated 11.02.2014, furnished the relevant information as was sought for in the reasoned order dated 07.10.2013.

Subsequently, the Labour Department, Government of West Bengal issued a Notification vide No. 251-Emp. Dated 03.12.2013, regulating appointments on compassionate ground through a Scheme titled -West Bengal Scheme for Compassionate. Appointment, 2013 in supersession of all previous orders in this regard. Since appointments on compassionate ground under die in harness category are guided by the Department of Municipal Affairs, following the provisions of Labour Department, accordingly, clarification was sought for from the Labour Department by the Department of Municipal Affairs, regarding applicability of the said Notification for the Municipal employees.

reshTlrgrthgnwi-ti?";:t71.10RePsngeForcentrierinboriCatenngri Vur-rscfdlttrIl being CPAN No.2216 of 2013, Subrata Paul & Ors -Vs- Sri Jaideep Duttagupta & Ors. Thereafter a Rule was issued by His Lordship in WPCRC No. 103(W) of 2014 upon the Contemnor No.1 and 2 on 04.04.2014 the Hon'ble High Court, Calcutta directed the alleged contemnors to file a compliance report after receiving the intimation from Municipality. Again on 06.06.2014, the Hon'ble High Court, Calcutta as aulast c

ohance, adjourned hearing of the Contempt application till 18th 2 14.

All the records of the matter are examined. Since the matter is pending for a long time for non receipt of necessary clarifications from the Labour Department in respect of their Notification No. 251-Emp. Dated 03.12.2013, and since at the time of passing of Reasoned Order dated 07.10.2013, by the then Director of Local Bodies, West Bengal, there was so existence of the Notification No.251-mp. Dated 03.12.2013, therefore the said Notification which was issued by the Labour Department subsequent to the passing of the reasoned order dated 07A 0.2013, cannot act as an impediment to the compliance of the Orders of the Hon'ble High Court, Calcutta and therefore in compliance of the directions of the Hon'ble High Court, Calcutta, dated 17.06.2013, directing the respondents to actively consider the case of the writ petitioners for appointment in a permanent post, and after duly considering the fact that approval of appointments under compassionate ground in die -in-harness category has to be considered according to seniority, it is hereby ordered that the appointments of the candidates including all the writ petitioners as are detailed herewith in the enclosed Annexure, are approved with effect from their respective date of joining their post under Baidyabati Municipality subject to the verification of necessary records by the Chairman who is the appointing authority in respect of the employees of the Municipality. The Chairman of the Municipality is further advised to resubmit the cases of the persons at serial nos. 03, 08, 10 and 13, after fulfilling necessary requirements as are detailed in the enclosed Annexure, for further actions from this Directorate.

The case is thus disposed of.

All concerned may be informed accordingly.

Date : 19.11.14 Director of Local Bodies

Government of West Bengal

Name Sk. Babu

Elisa Bose

Gurupada, inft$01•PH4•0

Khokon Nayek

Post

Remarks Clerk

Approval accorded for appointment to ; the post of Clerk.

Assistant Approval accorded for appointment to Teacher the post of Assistant Teacher provided

she completes JBT within 5 years of appointment.

Dome Approval max be at:carded when here is j

cancy in .E.;xemptect category as per 100 point roster.

14. Somnath De y Group D

115. Bull Sett I Assistant Teacher

16. iranjit Saha Assistant (Petitioner) i Teacher

ANNEXURE

1

Mira Sarkar

Surajit Banerjee

Mazdoor Approval accorded for appointment in 1 the post of Mazdoor.

Assistant Approval accorded for appointment to Teacher the post of Assistant Teacher, provided I

be completes JBT within 5 years of I appointment.

Peon • Approval accorded for appointment to the post of Peon.

Assistant Teacher

Mazdoor

Clerk

Mazdoor

Subrata Paul (Petitioner)

13. Biswajit Das Driver

12.

Assistant Teacher

Assistant Teacher

Approval accorded for appointment to I the post of Assistant Teacher provided the complete JBT within 5 years of appointment. Educational qualification may be e- submitted for consideration of 1 appointment.

Approval accorded for appointment to the post of Clerk.

Education& qualification may be re- submitted for consideration of • appointment.

Approval accorded for appointment to I the post of Assistant Teacher provided I be completes JBT within 5 years of appointment. Approval accorded for appointment to the post of Assistant Teacher provided be completes JBT within 5 years of j appointment.

Approval may be accorded when there I is vacancy in Exempted Category as per 100 point roster.

Approval accorded for appointment to the post of Mazdoor. Approval accorded for appointment to the post of Assistant Teacher provided he completes JBT within 5 years of appointment. Approval accorded for appointment to the post of Assistant Teacher provided he completes JBT within 5 years of appointment.

S. Chatterjee

Ananda Nayek

Monojit Gupta (Petitioner)

10. Kalo Sona Patra

11. Partha Sarathi Bhattacharya

Dt. 19.11.2014 Director of Local Bodies

West Bengal

'44aPttil:Ye for §-

Resporld

,. for Krishrlanagar . Municipality.

.1

B.p_LA.S.T.A. 213 of 2014.

It appears from the impugned order passed by

he Director of Local Bodies, West Bengal dated 18",

February. 2014 that Shri Sanjay Mondal and Shri

Milan Saha, namely, the appellanta-petitioners herein

are eligible for being considered for

appointment under exempted categoxy, against

Group-12 caCegbry posts although the Dkoetor .01

Local Bodies. %Vest Bengal held that the

appointment of the said appellants-petitioners will

be considered only after appointment of eligible

contenders under exempted category against Group.

D' category posts and, accordingly, directed the

Chairman., Krishnatiagar Municipality.

We, ClOtnO 15fAti:ithe aforesaid deq ron-..of

Ne. Olcel Sena' AavOC.J10 t No Mee notes reports Cleterals proceedings with signature

Since the Director of Local Bodies, West

Denmil speeineelty NM Milt MP ftSfatifttftW petitioners herein are eligible for being considered

for appointMelilt,Uhdet exempted eategery against Group-t) category posts, we are of the opinion that

such appointment against exempted category

cannot be deferred for an indefinite period.

Accordingly, we direct the Director of Local

Bodies, West Bengal to issue appropriate order to

the Chairman, Krishnanagar Municipality for

appointment of the appellants-petitioners herein

under exempted category against Group-'C' category

posts without any further delay but positively within

a period of three weeks front date so that the

Chairman, Krishnanagar Municipality can issue

appropriate order regarding appointment of the

appellants-petitioners on compassionate ground

within two weeks from the date of receiving

necessary order from the Director of Local Bodies,

West Bengal.

With the aforesaid directions, we dispose of

this application without awarding any costs.

The learned Advocate of the appellants-

petitioners submits that in view of the aforesaid

order nothing further is to be decided in the pending

appeal and the writ petition.

NI.

3

of

).0

,,,(-2-4 , ...., —t

-.rid% „a. mtrasis csgeetts

• Ncl-,; tv C7r•te! Sena' Aavo-talt ;

Once notes. reports. deers Or groceeeings wflh signature

Therefore, the appeal as well as the writ

pedtant are treated es on day's liar before this.

Bench and disposed of accordingly.

In the facts of the present case, there will be

no order as to costs.

Let a sena plain aaptP PF 1i11R 1014PF. IMO/

countersigned by the Assistant Registrar (Court), be

given to the parties on usual undertakings.

Pranab Kumar Chattopadhpay .1)

A it

_a( ip 11c4

1110 awaiwzauktofliTpA

dii Aware*

or Special Leave to Appeal (C) No(s).

t of impugned final judgment and order dated 09/02/20i No. 276/2014 passed by the High Court Of Calcutta)

STATE OF WEST BENGAL AND OTHERS Petitioner(s)

VERSUS

!AMOY MONDRL ANA OTHERS, Respondent (s)

Date : 06/11/2015 This petition was called on for hearing today.

COMM : BON.BLE MR. JUSTICE AMYL R. DAVE SON'BLE MR. JUSTICE ADAMS KUMAR GOEL

Cecil ta ise inn 4411

For Petitioner(s) Mr. Ms.

For Respondent(s) Mr, Ms, Mr.

Avijit Bhattacharjee,Adv, Upma Shrivastava/Adv.

Pijush K.RoyrAdv. Kahall Roy,AdV. Rajan K. ChouraSia"Adv.

UPON hearing the counsel the Court made the following ORDER

We do not find any merit in this petition. The special

leave petition is, accordingly, dismissed.

Pending application, if any, stands disposed of.

(Malaigri Sharma) Court Master`•

(Anita lhotra) Court Master

DISTRICT: BURDWAN.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

Appellate side

W:Pi No; 273?- (W) of 2016

In the matter of: An application under Article 226 of the Constitution of India.

AND

In the matter of: Soumen Ghosh Petitioner

Versus The State of West Bengal & Ors. Respondents

PETITION

Mr.Mrinal Kanti Ghosh Advocate

Mr. Hiranmay Bhattacharyya, Advocate.

High Court, Calcutta Bar Association Room No. 11.

%trinal-Kati chosh - SARTHAC

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