MAYA MITRA MUSTAFI ( CHATTERJEE) v. STATE OF WEST BENGAL AND ORS.
WPA/18878/2023 · 2026-09-23
Dinesh Kumar Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 42959 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 42959 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L 20 23.09.2026 Ct. No. 2 Mujahid
WPA 18878 of 2023
Maya Mitra Mustafi (Chatterjee) Vs. The State of West Bengal & Ors.
Mr. Sudipta Dasgupta Mr. Anath Nath Naskar Mr. Arindam Shit …for the petitioner
Mr. Samrat Mukherji …for the State
Ms. Chandrani Bhattacharya …for the Kamarhati Municipality
1. Affidavit of service filed. Let it be taken on record.
2. This matter was taken up on 9th September, 2026 wherein the facts of the petition were discussed as under:-
“1. Present petition has been filed stating therein that a representation dated 13th February, 2023 has not been considered by the authorities. Learned counsel for the petitioner submits that initially the petitioner was given a job on compassionate ground as typist at the rate of Rs.38/- per day for only working days. Subsequently, the petitioner was appointed as peon on compassionate ground in March, 1995 subject to the final approval of the Government of West Bengal. Subsequently, the petitioner was promoted to the post of clerk but the same has yet not been approved by the Government. The petitioner made a representation for change of her designation from peon to clerk. Learned counsel submits that the Office of the Municipal Councillors, Kamarhati forwarded a letter of the petitioner dated 21st June, 2017 to the Director of Local Bodies on 18th
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August, 2017. The Government of West Bengal vide communication dated 26th October, 2017 calls for certain documents.
Learned counsel submits that though the petitioner was appointed as a clerk, however, her service has not been regularized. The petitioner filed a writ petition being WPA 4122 of 2018. In the said writ petition, the Coordinate Bench of this Court after considering the submissions of the parties directed to the Secretary, Finance Department, Government of West Bengal, to take a decision of the claim of the petitioner relating to grant of approval of the service of the petitioner which has already been made by the municipality vide letter dated 8th March, 1995. Pursuant to this, the Director of Local Bodies, West Bengal, vide communication dated 18th July, 2022
directed the petitioner to attend the hearing. After that, a reasoned order has been passed by the Director of Local Bodies. Though the petitioner’s appointment to the post of peon was regularized buy the prayer for regularization on the post of the clerk was not exceeded to.”
3.
Learned counsel for the petitioner submits that petitioner would be satisfied if the representation dated 13th February, 2023 of the petitioner is considered by the Director of Local Bodies, Government of West Bengal in accordance with law after giving the parties an opportunity of being heard within time bound manner.
4.
Learned counsel for the State undertakes that the representation dated 13th February, 2023 shall be considered and decided expeditiously after giving the parties an opportunity of being heard in accordance with law.
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5. In view of the submissions made, let the competent Officer, Government of West Bengal consider and decide the representation dated 13th February, 2023 of the petitioner in accordance with law preferably within eight weeks. The authority shall communicate the decision within two weeks of the taking of the decision.
6. Since the affidavit has not been filed, the averments made in the petition are not deemed to have been admitted.
7. It is also pertinent to mention here, that this court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case.
8. Accordingly, the writ petition stands disposed of.
9. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court.
(Dinesh Kumar Sharma, J.)