Calcutta High Court (Appellete Side)
Amit Baran Mahapatra & Ors vs State Of West Bengal & Ors on 13 February, 2020
Author: Amrita Sinha
Bench: Amrita Sinha
1
04
13.02.2020.
d.p.
W.P. 2487 (W) of 2020
Amit Baran Mahapatra & Ors.
-versus
State of West Bengal & Ors.
Mr. Soumya Majumder,
Mr. Victor Chatterjee,
Ms. Sanjukta Dutta.
...For the Petitioners.
Mr. Sujit Mitra.
...For the Respondent No. 2.
Mr. Rajendra Chatterjee.
...For the Respondent No.8.
Mr. Arka Kumar Nag.
... For the Respondent No. 9.
Mr. Subhabrata Das.
... For the Respondent No. 10.
Mr. Sankha Subhra Ray.
... For the Respondent No. 11.
Mr. Basudeb Gayen.
... For the Respondent No. 17.
Mr. Arka Kumar Nag Mr. Subhankar Das.
...For the Respondent No. 23.
Mr. Somnath Roy.
... For the Respondent No. 24.
Affidavit-of-service filed in Court today be taken on record.
2An advertisement was published in the Anandabazar Patrika on 10th August, 2004 mentioning that the Change Management Unit has been created as registered Society to look after the project Kolkata Urban Services for the Poor (KUSP). As part of the KUSP programme the Urban Local Bodies in Kolkata Metropolitan Area are planning to migrate their accounting systems from single entry cash system of accounting to double entry system of accounting to supplement the capacity of the accounting and finance teams. The Urban Local Bodies and the Change Management Unit intended to appoint Accounts and Finance Coordinator at the Urban Local Bodies. The Coordinator would need to play a key role in the accounting reforms initiatives. He/she would need to work with the Finance Officer/Accounts Officer of the Urban Local Bodies of the accounting team to undertake all preparatory work, data migration, training initiatives, piloting implementation, trial runs etc. An Accounts and Finance Coordinator would also work with the Finance Officer and play an important role in revenue potential assessment, financial analysis of revenue and expenditure, explore potential for raising debt capital for projects, assess financial viability of investment plans, preparation of financial projections and revenue mobilization plans of the Urban Local Bodies. The skills, qualification and experience which were supposed to be produced by a candidate were mentioned in the said advertisement. The monthly contractual remuneration of Rs.12,000/- was to be paid to the candidates. The nature of employment was on annual contract basis with the contract being renewed every year based on the performance of the individual to a minimum of about 4 years.
The petitioners in response to the aforesaid advertisement applied for being appointed in the said posts. After a regular selection process, the petitioners were empanelled by the Kolkata 3 Urban Services for the Poor. A list of eligible candidates was forwarded to all the Municipalities for selection. The petitioners have thereafter been selected by the respective Municipalities and the details of the joining of the petitioners are mentioned in page 46 annexure P-5 of the writ petition.
The petitioners have been serving in the respective Municipalities from the date of their respective appointment though it has been submitted that their contract has not been renewed after 2011.
The petitioners submit that during a period of time, their responsibilities have been enhanced to a great extent but they are receiving a far less amount as monthly remuneration in comparison to the regular employees of the State Government.
The post in which the petitioners are functioning, are considered as Group 'A' post whereas they are paid remuneration even less than the Group 'C' post. The petitioners claim permanency in service as well as regular pay scale as paid to the employees of the State Government.
It has been submitted that after the service of the writ petition upon the respondents two of the petitioners viz. Anirbrata De, IT Coordinator of the Barasat Municipality and Amit Baran Mahapatra, Accounts and Finance Coordinator, Barasat Municipality have been issued an order of transfer, transferring them from their parent section to a non-existence post in the department.
4None appears on behalf of the State respondents, Kolkata Urban Services for the Poor and State Urban Development Agency in spite of service.
The learned advocates appearing for the respondent Nos. 2, 8, 9, 10, 11, 17, 23 and 24 seek time to take instruction in the matter.
The issue involved in the instant writ petition has to be decided upon affidavits.
The respondents are directed to file affidavit-in-opposition within a period of eight weeks from date. Reply, if any, be filed within four weeks thereafter.
The matter shall be treated as ready for hearing after completion of affidavits.
Since it appears that the petitioners are in service for a considerable period of time, the respondents are restrained from disturbing their service without the leave of the Court till 30th June, 2020 or until further order whichever is earlier.
The learned advocate appearing for the petitioners is directed to communicate this order to the non-appearing respondents and file fresh affidavit-of-service on the next date of hearing.
Leave is granted to the petitioners to file a supplementary affidavit annexing documents which arose subsequent to the filing of the writ petition and serve copy of the same upon the non-
5appearing respondents and upon the learned advocate appearing for the respondents.
Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.
( Amrita Sinha, J.)