AZGAR ALI SARKAR AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/16199/2026 · 2026-07-15
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28304 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28304 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15.07.2026 rc/ct.no.15 Item No.39 WPA No. 16199 of 2026 Azgar Ali Sarkar & Ors. Versus The State of West Bengal & Ors. Mr.Sandipan Maity ..for the petitioners Mr. Souvik Nandy Mr. Subhajit Das …for the State Affidavit of service filed by the petitioners and receipt showing payment of deficit court fees are taken on record. The petitioners are appointed as Tax Collecting Sarkars in various Gram Panchayats. By a notification issued on January 07, 2001 by the Government of West Bengal, 33% of the total number of posts of the Gram Panchayat Karmee was decided to be filled up through recruitment test to be conducted by the District Level Selection Committee from the existing eligible Tax Collecting Sarkars having at least 6 years in service in any Gram Panchayat under the jurisdiction of the concerned district. The petitioners were eligible for the said posts and applied for the same. Their names were recommended by the Additional District Magistrate (Panchayat), North 24 Parganas before the Additional Secretary to the Government of West Bengal (Panchayat), Rural Development Department by a letter issued on November 17, 2022. In reply to the said letter, the Deputy Secretary to the Government of West Bengal, by a letter issued on
December 13, 2023, intimated that the recommendation was not approved. No reason has been assigned in the said communication
for
turning
down
the
said recommendation. The communication dated December 13, 2023 is assailed by the petitioners in this writ petition. It appears from the communication dated December 13, 2023 that the recommendation has been turned down by using two words “not approved”. No reason has been assigned for not approving the recommendation sent by the Additional District Magistrate. Some of the other employees of various Panchayats similarly circumstanced with the petitioners approached this Court in a writ petition being WPA No. 12691 of 2025 assailing the same communication. By an order passed on April 22, 2026 this Court set aside the communication and directed the concerned authority to revisit the issue. In view of the fact that the communication impugned is not supported by any reason, the same is set aside/quash.
The Principal Secretary, Department of Panchayat and Rural Development, Government of West Bengal, being the 3rd respondent herein, is directed to revisit the issue and pass a reasoned order upon granting reasonable opportunity of hearing to all concerned including the petitioners within six weeks from the date of communication of this order, in accordance with law. 2
The decision taken by the authority shall be communicated to the petitioners within a week thereof. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3