PRASANTA KUMAR DAS & ORS Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-1-142
HIGH COURT OF CALCUTTA
Decided on January 29,2018

Prasanta Kumar Das And Ors Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

I.P. Mukerji, J. - (1.) This case has a long history. This history has to be narrated for proper appreciation of the matters in dispute. It concerns the Raiganj Municipality. Out of thirteen appellants eleven were appointed as Assistant Teachers by the Municipality in the year 1985. The other two were appointed as a work assistant and burning ghat chowkidar. These appointments were made between March 1983 and 1985.
(2.) The Government of West Bengal superseded the Board of the Municipality in or about 1985. The sub-divisional officer Raiganj Municipality took charge as the administrator. He terminated the service of all the appellants. The reason why they were terminated was that all of them were appointed against un-sanctioned posts. In other words, there was no vacant post against which any could be appointed. Hence, their appointment was irregular.
(3.) Several writ applications were filed by them. An interim order was made by this court on 23rd December, 1985. By operation of the interim order all the appellants continued to work.;


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