Calcutta High Court (Appellete Side)
Mst. Rashida Khatun vs State Of West Bengal & Ors on 31 August, 2016
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
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31.
31.08.2016.
debajyoti
W. P. No.25597 (W) of 2015
Mst. Rashida Khatun
Vs.
State of West Bengal & Ors.
Md. Yusuf Ali
...... For the Petitioner.
Mr. Sadananda Ganguli,
Mr. S. N. Biswas
...... For the State.
It is the case of the writ petitioner that by a memo dated
6th February, 2001, a post of Sweeper was declared as a part-time
post in the school, namely, Jhunka Protibandi Aloke Niketan.
From the said date of appointment, the petitioner was discharging
her function as Sweeper. Subsequently, representation was made
by the school authority for converting the said temporary post
into a permanent one. Such prayer for conversion of the post was
refused by a memo dated 3rd October, 2002 by the Director of
Mass Education Extension, West Bengal.
From record, it appears that the school authority again
made the prayer on 16th July, 2010 praying for conversion of the
post to a regular post of Sweeper. From 2002, when the prayer
for conversion of the post was refused till 16th July, 2010, a fresh
representation was made by the school authority. But, it does not
appear from the record that the petitioner has challenged the said
letter dated 3rd October, 2002. However, a writ petition
was filed being W.P. No.10957(W) of 2011, which was disposed of
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after a contested hearing on 23rd February, 2012
by an Hon'ble Bench of this Court directing the Deputy Secretary,
Mass Education Extension Department, West Bengal, the
respondent no.2 in the said writ petition to consider the school's
proposal as contained in their application dated 24th September, 2010.
In pursuance of the said order passed by the Hon'ble Single Bench, the Joint Secretary, Department of Mass Education Extension and Library Services, Government of West Bengal issued a memo dated 18th November, 2014 conveying its decision to the Secretary of the said school, namely, the respondent no.6 to the effect that the said post of part-time Sweeper had been converted into a full time post as a special case. It was also mentioned that the said order was passed in compliance of this Hon'ble Court's order dated 23rd February, 2012. Subsequent to the said memo dated 18th November, 2014, the Director of Mass Education Extension and Library Services Department, Government of West Bengal issued a memo dated 12th February, 2015 whereby post facto approval of the appointment of the petitioner to the post of full time Sweeper in the said school has been accorded with effect from her date of joining in the school to the post on 6th December, 2014 in the scale of pay mentioned in the said memo.
It is now the petitioner's grievance that the said memo has been issued indicating that the benefit should be given to the petitioner from her initial appointment when she was appointed in the temporary post and particularly, when the memo mentions about the date of joining in the school. Although, it has been mentioned in the memo dated 12th February, 2015 that post 3 facto approval has been accorded from the date of joining in the school, but on perusal of the other memos issued by the department, it does not appear that it was the intention of the authority to give retrospective effect to the said memo dated 18th November, 2014 and this was never directed by this Court also. This Court passed an order on 23rd February, 2012 only directing the authority to consider the proposal for conversion of the temporary post into a permanent one and in pursuance of such direction, the authority has passed the order on 18th November, 2014 without giving any retrospective effect. However, consequential order was passed on 12th February, 2015 when the initial order of 18th November, 2014 was not given retrospective effect and does not clarify that the approval was accorded from the date of initial appointment. The petitioner cannot take advantage of the consequential order dated 12th November, 2015. Therefore, the prayer of the petitioner for direction upon the authority for grant of all benefits pursuant to her service from her initial appointment in the post of temporary Sweeper cannot be allowed.
The writ petition has, thus, no merit and the same is dismissed, but, without any order as to costs.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.
( Sahidullah Munshi, J. )