Debasish Kar Gupta, J. - (1.) This is an application under Article 226 of the Constitution of India filed by the petitioner for a direction upon the respondent authorities to act in accordance with law in the matter of appointment of the petitioner in the post of Tax Collecting Sarkar under the respondent-Municipality.
(2.) Having heard the learned Advocates appearing on behalf of the respective parties, I find that two posts of Tax Collecting Sarkar were approved by virtue of a Government Order and the same was communicated to the Chairman, Katwa Municipality by the Director of Local Bodies, West Bengal and Ex-Officio Joint Secretary, Municipal Affairs Department, Government of West Bengal under Memo. No. 649/DLB/B-103/15-96 dated April 23, 2010 (Annexure-P/3 at page-30 of this writ application). Thereafter, the petitioner was engaged and/or appointed in the post of Tax Collecting Sarkar on commission basis, amongst other, by an order issued under Memo. No. 41(5) dated April 23, 2010 (Annexure-P/4 at page-31 of this writ application).
(3.) It is the case of the petitioner that he has been discharging the function in a post created by virtue of the Government Order under reference and therefore, he should get the benefit arising out of his services equal to that of the permanent employees working under the respondent Municipality.;