Jagannath Mukherjee and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Jagannath Mukherjee and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the petitioners. The writ petition was dismissed and thereafter disposed of; interim orders, if any, stand vacated; the District Judge, Howrah was directed to strictly implement the Rules of 2015 and/or Selection Committee with effect from 6th July, 2021 and rectify any gradation list already published.

Issue for consideration

The dispute concerns the date from which the Shetty Commission recommendation came into force: the petitioners contend it came into force from the year 2003, while the respondents contend entitlement runs only from the effective date of the West Bengal District Court Rules of 2015 (published in the official gazette on 6th July, 2021), the petitioners having retired between 2003 and 2010.

Court's answer

In the State of West Bengal, the Rules of 2015 were brought into force by publication in the official gazette on 6th July, 2021.

Ratio / Principle

The petitioners cannot seek the benefit from any retrospective date than as specified under the Rules of 2015.

Key takeaways

The effective date of implementation of the Rules of 2015 has admittedly not been challenged.ratio¶26
In those circumstances, no relief can be granted to the petitioners.ratio¶28
The recommendations of the Shetty Commission are required to be adopted by each State as per the dicta of the Supreme Court.obiter¶22

Detailed headnote1 paragraphs

Writ petition WPA 681 of 2023 (Jagannath Mukherjee & Ors. v. The State of West Bengal & Ors.), decided 11-06-2024 by Rajasekhar Mantha, J. Petitioners, who retired between 2003 and 2010, claimed the benefit of the Shetty Commission recommendations from 2003; the respondents traced entitlement to the West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules of 2015, brought into force by publication in the official gazette on 6th July, 2021. Court held: the Rules of 2015 took effect on their gazette publication date of 6th July, 2021; the petitioners cannot seek the benefit from any retrospective date; the effective date of implementation of the Rules stood admittedly unchallenged, so no relief could be granted. Disposition: writ petition dismissed and disposed of; interim orders, if any, vacated; District Judge, Howrah directed to strictly implement the Rules of 2015 and/or Selection Committee with effect from 6th July, 2021 and rectify any gradation list already published.

11-06-2024 ct no. 13 Sl. 50 pk

WPA 681 of 2023 Jagannath Mukherjee & Ors.

-Versus-

The State of West Bengal & Ors.

Mr. Mainak Ganguly, Mr. Shankar Mukherjee

…for the petitioners

Mr. Debjit Mukherjee, Ms. Susmita Chatterjee

…for the State

Ms. Karunamoyee Samanta, Mr. Rajdeep Adhikari

…for the added respondents

Mr. Ram Mohan Pal

… for the respondent nos. 5 and 6.

This Court has considered the report filed on behalf of the Judgeship of Howrah and the reply/objection filed by the petitioners thereto. The bone of contention between the parties is with regard to the date of coming into force of the recommendation of the Shetty Commission.

While the writ petitioners contends that the recommendation came into force from the year 2003, the respondents contend by reference to the West Bengal District Court (Constitution of Service,

Recruitment, Appointment, Probation and

2

Discipline of Employees) Rules of 2015 was published in the official gazette on 6^th July, 2021 and this is the effective date for entitlement. The petitioner retired between 2003-2010. They are hence not entitled to the benefit under the said rules.

The recommendations of the Shetty Commission are required to be adopted by each State as per the dicta of the Supreme Court.

Admittedly, the writ petitioner made a representation to the District Judge, Howrah and they were heard and it was explained as to why the Rules cannot be applied to them.

In the State of West Bengal, the aforesaid Rules of 2015 were brought into force by publication of the official gazette on 6^th July, 2021. The petitioners cannot therefore seek the benefit from any retrospective date than as specified under the Rules of 2015.

Admittedly, the effective date of

implementation of the said Rules of 2015 has not been challenged. In those

3

circumstances, no relief can be granted to the petitioners.

The writ petition is dismissed.

The District Judge, Howrah shall strictly implement the aforesaid Rules of 2015 and/or Selection Committee with effect from 6^th July, 2021 and rectify any gradation list already published.

The writ petition is disposed of.

Interim orders, if any, shall stand vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)