Extracted from the PDF above. The PDF is authoritative.
35 jdt. 07.04.2026 jb.
WPA 16786 of 2024 (Haydar Ali vs. State of West Bengal & Ors.)
Mustafi Rahaman Murshed Alam Sk Sk. Sarfaraj Nawaj …. For the Petitioner Mr. Santanu Kr. Mitra Mr. Amartya Pal …. For the State
Report in the form of affidavit submitted by the State is taken on record.
Learned counsel for the petitioner submits that the petitioner was appointed as Gram Panchayat Karmee on compassionate ground in Nandanpur Gram Panchayat on 19th April, 2010 and was regularly attending his duty. He suddenly fell ill on 23rd April, 2016 and underwent treatment from 24th April, 2016 to 3rd July, 2016. He applied for medical leave for two months before the Gangarampur Block Development Officer on 23rd April, 2016 which was duly received by the latter. Despite such intimation, he was slapped with a show cause notice on 29th June, 2016 by the Block Development Officer, Gangarampur directing him to show cause within 24 hours of receipt of the notice with regard to reasons for his unauthorised absence. The petitioner replied to such notice by a letter issued on 4th July, 2016 after which he joined service. He was not allowed to sign in the attendance register and was not granted arrear salary for the period of leave. No departmental proceeding has been initiated against him.
2 His service has neither been suspended nor terminated. The petitioner seeks a direction upon the authority for regularisation of his service and release of arrear due. The petitioner submitted a representation in this regard before the concerned authority on 18th August, 2023 and seeks consideration of the same. It appears from the report submitted by the State that several show cause notices were issued upon the petitioner asking him to explain his unauthorised absence from 2013 to which no reply was given by the petitioner. No departmental proceeding has been drawn upon against him and his service has neither been terminated nor suspended. His salary from May 2015 has not been disbursed due to unauthorised absence. Since the petitioner is still in service and no disciplinary proceeding has been initiated against him and also as his representation ventilating his grievance is pending, the Block Development Officer, Gangarampur Development Block, being the 3rd respondent herein, is
directed to consider and dispose of the same within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. In the event the concerned authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. The writ petition is accordingly disposed of.
3 There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)