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  5. July

Manoj Choudhary @ Manoj Kamat vs. State of West Bengal and Ors.

Decided on 31 July 2024• Citation: WPA/24082/2023• Calcutta High Court
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                     31.07.2024                                                     
                     Sl. No.132                                                     
                     Ct. No.15                                                      
                      S.A.                                                          
                                              WPA 24082 of 2023                     
                                        Manoj Choudhary @ Manoj Kamat               
                                                     -vs-                           
                                          State of West Bengal & Ors.               
                                     Mr. Manas Kumar Ghosh                          
                                     Ms. Susmita Dey (Basu)                         
                                                         …for the petitioner        
                                     Mr. Sudipto Panda                              
                                                      …for respondent no.5          
                                     Ms. Noelle Banerjee                            
                                     Mr. Raj Sekhar Basu                            
                                                           …for the State           
                                     It is the case of the petitioner that he was   
                                engaged as a “Lab Khalasi” on temporary basis under 
                                West Bengal State Rural Development Agency, Uttar   
                                Dinajpur on November 27, 2007.                      
                                     It is the grievance of the petitioner that though
                                he was appointed on the basis of the recommendation 
                                of Uttar Dinajpur Zilla Parishad, till date no approval
                                regarding his service is granted by the State.      
                                     Learned advocate appearing for the petitioner  
                                has drawn attention of this Court to a letter dated 
                                October 12, 2020 addressed to the Joint Secretary,  
                                Government of West Bengal, Panchayat and Rural      
                                Development  Authority whereby  the  Executive      
                                Engineer, West Bengal State Rural Development       
                                Agency, Uttar Dinajpur sought for post facto approval
                                of petitioner’s appointment.                        

                                            2                                       
                                     It has been submitted before this Court that no
                                steps have been  taken by the  Joint Secretary,     
                                Government of West Bengal, Panchayat and Rural      
                                Development Department, Kolkata following the letter
                                dated October 12, 2020.                             
                                     In view of the aforesaid facts, I dispose of this
                                writ petition giving a direction upon the Joint     
                                Secretary, Government of West Bengal, Panchayat     
                                and Rural Development Department, Kolkata to take a 
                                decision regarding the post facto approval of the   
                                petitioner’s service as a Group ‘D’ staff under     
                                respondent no.3 within a period of one month from   
                                the date of communication of this order.            
                                     A reasoned order should be communicated to     
                                the petitioner within a period of seven days thereafter.
                                     Needless to mention that if the Authority grants
                                post facto approval to the service of the petitioner, all
                                consequential benefits should be extended to him.   
                                     Accordingly, WPA 24082 of 2023 is disposed     
                                of.                                                 
                                                          (Kausik Chanda, J.)