Duplicate Service Book from employer

Court disposed this case, and order that the petitioner has a fair right to get a Duplicate Service Book, this court order is not only this employee, any government employee or worker is entitled to this right.

Duplicate Service Book from employer

A fair right to get Duplicate Service Book

This is a court case to find out the answer to the question of whether an employee will get a Duplicate copy of the Service Book from his/her authority. No one from the State Government was present at the hearing of the case. Judge Vivek Chowdhury J. of the Calcutta High Court disposed of the case (due to his absence) that the petitioner has a fair right to get a Duplicate Service Book. Not only this employee, any government worker/employee is entitled to this right, it is also clear in the Court order.


Court Order of duplicate Service Book


W.P.5521(W) of 2020
Smt. Sutapa Ghosh
Vs
State of West Bengal & Ors.
(Via Video Conference)

Mr. Kamalesh Bhattacharya, Sr. Adv
Mr. Ashoke Kumar Nath
Mr. Anindya Bhattacharya
-- for the petitioner


Fresh affidavit of service in terms of the order dated 29th June, 2020 be kept with the record.
In spite of service of notice none appears on behalf of the respondents.

A very short question is involved in the instant writ petition, viz whether an employee is entitled to get a duplicate copy of his/her service book from his/her employer on demand.

Now, the facts.
The petitioner is an Associate Professor (অধ্যাপক) of Seva Bharati Maha Vidyalaya, Jhargram, She joined the service on 24th October, 1998. Sometimes in 2018 the petitioner apprehended that she might be removed from her service otherwise than due process of law which prompted her to file a suit being Title Suit No. 12 of 2018 before the learned Civil Judge (Junior Division), Jhargram. In the said suit an order of injunction was passed by a competent Civil Court. The said order is still subsisting and on the basis of the said order the petitioner is still working as Associate Professor of the said college.

Now, the petitioner wants to have a service book from the college authority (কর্তৃপক্ষ) which was denied to be supplied to her.

It is needless to say that the head of office in under obligation to open the service book of each and every employee immediately on his/her joining service and the employee is entitled to get a duplicate service book. The employee is also entitled to get the said duplicate service book verified time to time in course of his/her service whenever any change of pay scale or any matter concerning his/her service record takes place.

Therefore, the petitioner is entitled to have the duplicate copy of her service book.
I am of the view that the instant writ petition can be disposed of directing the respondent Nos. 4, 5 and 6 to serve a duplicate copy of the service book to her even without hearing the respondents.

Accordingly, the instant writ petition is disposed of directing the respondent Nos. 4, 5 and 6 to serve a copy of duplicate service book to the petitioner with all up to date entries within three weeks from the date of communication of this order.

The writ petition is thus disposed of 
There shall be no order as to costs.

(Bibek Chaudhuri, J.)