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Calcutta High CourtWPA(P)/39/2023disposed

Saleque Sk v. State Of West Bengal And ORS.

2025-08-04Hon'Ble Justice Sujoy Paul,Hon'Ble Justice Smita Das De3 pages

August 4, 2025 Sl. No.A 66 Court No.8 s.biswas WPA(P) 39 of 2023 Saleque Sk.

vs.

The State of West Bengal and others

1. This public interest litigation is filed praying inter alia for the following relief:

a) An order in the form of a writ of mandamus commanding the respondent authorities for reopening a new site for new registration of beneficiaries of the Bina Mulye Samajik suraksha Yojona, so the said scheme may reach out to its target groups living in the unorganized sectors of the state of West Bengal to the full satisfaction of the government.

b) An order or direction upon public servants may please be issued against all arbitrariness, whim, arrogance, negligence, or the inner motive of harassing or humiliating their visitors. c) Any other order or orders and direction or directions as your Lordship may deem fit and proper.

d) A Rule NISI in terms of prayer (a), (b) and (c) above e) To make the Rule absolute upon hearing of parties.

2. The main contention of the petitioner is in respect of a scheme namely Samajik Suraksha Yojana was introduced by way of a notification dated

03.04.2017 which was subsequently withdrawn in 2021 and the same was modified/amended as "Bina Mulye Samajik Suraksha Yojana" vide notification dated 05.04.2020. The Scheme in question was introduced for the benefit of the citizens living in the unorganized sectors in Malda District in West Bengal where the unorganized sectors aimed at providing the workers health, treatment and social justice with a degree of income securing when faced with the contingencies of old age survivorship incapacity, disability, bringing up children, gender disparity, curative or preventive medical care and empowerment, etc.

3. Since the notification of the scheme was withdrawn in 2021, the petitioners who were already under the aforesaid scheme have been put into immense difficulty for not availing the benefit of the Scheme.

4. The main contention is for reopening of new site for new registration of the beneficiaries of Bina Mulye Samajik Suraksha Yojana for accessing the scheme in the site to reach out to its target groups living in the unorganized sectors of the State to the full satisfaction of the Government.

5. Considering the aforesaid, the same matter cannot be entertained since the notification of the scheme which has been withdrawn has not been

challenged and to the effect, the prayers made in the writ petition cannot be acceded to.

6. The PIL stands dismissed. No order as to costs. (Sujoy Paul, J.) (Smita Das De, J.)