CHAIRMAN MIDNAPORE MUNICIPALITY Vs. PRABIR KUMAR NAG
LAWS(CAL)-2000-6-1
HIGH COURT OF CALCUTTA
Decided on June 29,2000

CHAIRMAN, MIDNAPORE MUNICIPALITY Appellant
VERSUS
PRABIR KUMAR NAG Respondents

JUDGEMENT

S.B.Sinha, J. - (1.) This appeal is directed against a judgment and order dated March 8, 2000 passed in Writ Petition No. 10214(W) of 1998 whereby and whereunder the writ application filed by the respondents herein was allowed.
(2.) The writ petitioners were appointed by the Councillors in a meeting held on September 26, 1997 in terms of Resolution No. 36 which reads thus: "With the consent of all the Councillors present in the meeting the matter of engagement of field personnel @ 2 per Ward as per instruction of the C.V.B. is discussed. It is resolved that 42 field. personnel i.e. @2 per Ward be engaged for assessment work on daily rated basis."
(3.) Pursuant to the said resolution they had been issued with an offer of appointment, a sample copy whereof is Memo No. 2772/CA/42 dated September 9, 1997 which reads thus: "You have been selected to work as field Assistant/Helper in connection with the field survey work to be undertaken by the C.V.B., West Bengal from September 21, 1997 for valuation of "Lands and Buildings" under Municipality. The training programme for the said work will be held on September 10, 11 and 12, 1997 at Krishna Lodge Aligunj from 11.30 a.m. to 4.30 p.m. and you are requested to attend the same. The work will commence on and from September 21, 1997. You will have to work under the supervision of officers appointed for the purpose by the Municipality and have to follow one instruction of the officers of C.V.B. and Municipal Authority. The work will be done on job-rate (Contract) basis and you will get remuneration per holding to be communicated to you by the Authority later on. Your minimum performance should be 6 (six) holdings per day. This engagement is purely temporary and may be cancelled without any notice if your performance is not found satisfactory or at the discontinuance/completion of the programme.";


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