Mihir Kumar Mondal And ANR. v. State Of West Bengal And ORS.

30.07.2024 Sl.18.

Suman Ct.No.15 WPA 1303 of 2024 Mihir Kumar Mondal and Anr.

Vs.

The State of West Bengal and Ors.

Mr. Subhojyoti Halder ..for the petitioners Mr. Shyama Prasad Purkait ..for Diamond Harbour Municipality Mr. Lalit Kumar Mahata Mr. Rudranil De ..for the State It is the grievance of the petitioners that the Diamond Harbour Municipality has not asked them to upload the relevant documents to receive the benefit of a Government Circular dated February 6, 2023 issued by the Department of Urban Development and Municipal Affairs, West Bengal.

The petitioners claim that they have been serving under the Diamond Harbour Municipality as "Majdoor" since 1993 and their names should have been included in the list for extending the benefits of the Circular dated February 6, 2023.

Learned advocate appearing for the Municipality, on the other hand, submits that the petitioners were appointed in the year 2005 in compliance with an order dated September 15, 2004 passed in WP 102(W)

of 2000 (Mihir Mondal versus the State of West Bengal).

Since the dates of appointments of the petitioners are beyond the cut off date as stipulated in the Government Circular dated February 6, 2023, the Municipality did not include their names in the list. From the writ petition, it does not appear that the petitioners have made any representation before the Diamond Harbour Municipality for redressal of their grievance.

In the aforesaid factual backdrop, I dispose of this writ petition granting liberty upon the petitioners to make a comprehensive representation before the Diamond Harbour Municipality for incorporating their names in the list of employees for the purpose of extending benefits of the Government Circular dated February 6, 2023, issued by the Department of Urban Development and Municipal Affairs, West Bengal within a period of two weeks from date.

If such representation is made, the Municipality shall pass a reasoned order within a period of one month thereafter.

The reasoned order should be communicated to the petitioner within a period of seven days thereafter. Accordingly, WPA 1303 of 2024 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)