Sambuddha Chakrabarti, J. - (1.) The petitioner joined the post of Medical Officer at the Family Welfare Centre (the Centre, for short) attached to the hospital under Dum Dum Municipality. In the appointment letter, dated May 18, 1985, the Chairman, Dum Dum Municipality i.e., the respondent no. 6, specifically mentioned that the petitioner would be entitled to the pay and allowances admissible to the doctors appointed in the Urban Family Welfare Centre and would be treated as an employee thereof to be attached to the specified hospital and the said Municipality. Subsequently, the Additional Director of Health Services, Government of West Bengal, informed the respondent no. 6 that the pay and allowances of the concerned medical officer would be at par with the pay and allowances of the government employees.
(2.) The memo dated March 25, 2008, issued by the Joint Director of the Health Services, i.e., the respondent no. 5, mentioned that there would be no age limit for appointment and retirement of the staff of the Centre attached to the hospital of the Dum Dum Municipality as they did not enjoy the benefit at par with the government or municipality employees and that other Centers supported by the government grant were also following the convention of allowing their staff to continue their duties so long as they were capable of discharging their duties assigned to them. By a subsequent memo, dated June 11, 2008, the respondent no. 5 directed the concerned NGOs that all the staff of the Centre might continue their duties so long as they were capable of discharging the same.
(3.) Consistent with these memoranda, the State Government has given appointment to many employees who were above 60 years of age. From this the petitioner submits that there is, in fact, no age fixed for the appointment or retirement of the employees attached to the Centers. She came to learn that a memorandum dated August 2, 2012, was issued by the Commissioner (Family Welfare) intimating the Family Welfare Branch that no salary payment under West Bengal (ROPA) Rules 1998 or any other subsequent Revision of Pay and Allowances Rules would be granted to the employees of approved NGOs (the municipality herein) who had crossed the age of 60 years with effect from April 1, 2012. This was, the petitioner alleges, was in contradiction to the earlier memoranda.;