Moushumi Bhattacharya, J. - (1.) This is an appeal from a Judgment dated 29th April, 2016 in a writ petition filed by thirty-three persons (the writ petitioners) who were aggrieved by a communication dated 10th May, 2012 issued by the Government of West Bengal to the Chairman of Tamluk (now Tamralipta) Municipality expressing regret in the matter of regularizing the services of the writ petitioners by reason of the decision of the Hon'ble Supreme Court in Secretary, State of Karnataka & Ors. vs. Umadevi (3) and Ors. reported in, 2006 4 SCC 1. By the impugned judgment, the Learned First Court held that each of the petitioners fell within the exception to the general principle carved out in Umadevi and any irregularity at the time of appointment could be regularized by a later permanent appointment. The Learned First Court accordingly allowed the writ petition by directing that the appointments of the writ petitioners would have to be regularized by the State-respondents with notional effect from the dates of their joining service within three months from the communication of the impugned judgment.
(2.) The State of West Bengal has challenged the judgment of the First Court and are the appellants before us.
(3.) It is the case of the appellants that the thirty-three writ petitioners, employees of Tamralipta Municipality, are governed by the provisions of the West Bengal Municipal Act, 1993 and the Rules framed thereunder. It is also the appellants' case that the finding of the Learned First Court that the writ petitioners were appointed between 14th July, 1994 and 15th October, 2000 in the sanctioned posts is contrary to records as no prior approval was obtained from the government before such appointments were made under the 1993 Act or the Rules thereunder. Accordingly, the appointment is illegal and without jurisdiction.;