Calcutta High Court (Appellete Side)
Kiron Mohan Ghosh vs Katwa Municipality & Ors on 27 April, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
368. 27.04 W.P. 4467 (W) of 2018
Sd3 2018
Kiron Mohan Ghosh.
Versus
Katwa Municipality & Ors.
Mr. Kiron Mohan Ghosh
...petitioner in-person
Mr. Rabindranath Chatterjee
...respondent no.2, in-person
The writ petition is taken up for consideration subsequent to the order dated April 20, 2018.
The petitioner appears in person. The respondent no.2 is present in Court.
The respondent no.2 states that, the initial appointment of the petitioner was not in accordance with law. Moreover, the petitioner was found derelict in discharging his duty. He was found to be absent on repeated occasions. Consequently, municipality in their wisdom had considered it prudent not to renew the contract in favour of the petitioner. He draws the attention of the Court to the Circular dated February 25, 2016 issued by the Finance Department and submits that, such Circular does not govern appointment subsequent to 2010. The present appointment of the petitioner on contractual basis being subsequent to 2010, the Circular dated February 25, 2016 has no manner of application.
Considering the rival contentions of the parties, it would be appropriate to allow the respondents time to file affidavits.
Let affidavit-in-opposition be filed within May 15, 2018. Reply, if any, be filed by June 15, 2018. 2 List the writ petition under the heading "hearing" in the "Monthly List" of July 2018.
It is clarified that, neither the pendency of the writ petition, nor the orders passed herein will prevent the municipality from taking any steps, in accordance with law, against the petitioner including terminating the services of the petitioner.
Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.
(Debangsu Basak, J.)