Calcutta High Court (Appellete Side)
Debnath Ghosh vs Katwa Municipality & Ors on 10 April, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
347. 10.04 W.P. 4466 (W) of 2018
Sd3 2018
Debnath Ghosh.
Versus
Katwa Municipality & Ors.
Mr. Debnath Ghosh
... petitioner in-person
The petitioner appears in person.
Affidavit-of-service filed in Court be kept with the
record.
None appears for the respondents.
The petitioner claims that, he was appointed as a Group-C staff through a selection process on contractual basis. He challenges a memo dated January 31, 2018 bearing No. 390 of Katwa Municipality stating that, the contract of the employment of the petitioner would not be renewed. He draws the attention of the Court to a circular of the Finance Department dated February 25, 2016 bearing No. 1107-F(P) to the effect that, all contractual/casual/daily rated workers would continue to be in engagement up to the age of sixty years. He submits that, he is presently thirty-three years of age. Consequently, the impugned order of the municipality is contrary to such Circular of the Finance Department. He seeks interim protection.
There appears to be a circular of the Finance Department dated February 25, 2016 bearing No.1107- F(P). Such circular deals with the monthly remuneration, annual increase, medical facilities, leave and other benefits as also conditions of engagement in respect of contractual/casual/daily rated workers. The relevant portion of the circular is as follows :-
2
"3.(i) All contractual/casual/daily rated workers shall continue to be in engagement up to the age of 60 years. Engagement of contractual/casual/daily rated worker shall not be terminated except as prescribed in the above referred Memo."
The impugned memo of the municipality, prima facie, appears to be contrary to the circular of the Finance Department. In such circumstances, it would be appropriate to stay the operation of the impugned Memo No.390 dated January 31, 2018 so far as the petitioner is concerned. The interim order will continue till June 29, 2018 or until further orders whichever is earlier.
List the writ petition on April 20, 2018 under the same heading.
Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.
(Debangsu Basak, J.)