Samir Kumar Garai And ORS v. State Of West Bengal And ORS.

18.01.2023 Item No. 16 Court No.18 P.Jana.

W.P.A. 4802 of 2022 Samir Kumar Garai & ors.

-Vs- The State of West Bengal & Ors.

Mr. Siddhartha Sankar Mandal, Mr. Tirtha Pati Acharya, Ms. Arunima Das Sharma, ......for the petitioners.

Mr. Supriyo Chattopadhyay,Sr. Govt. Adv.

Ms. Sayantanee Bhattacharjee, ... for the State.

The petitioners were engaged as Siksha Bandhus. The grievance of the petitioners is that in terms of their initial letter of appointment, the engagement must continue till they attain the age of 65 years but the Government by a subsequent order bearing No:

886SE(Pry)/PBRPSUS/ADMN/9/04-05(Pt.II) dated November 16, 2010 has reduced the said age to 60 years. The petitioners were engaged as Siksha Bandhus purely on temporary and contractual basis for a period of one year.

The petitioners had accepted the renewal of such engagement under the aforesaid impugned Government order as such the petitioners cannot have any cause of action to challenge the said Government order, the writ petition for the aforesaid reason fails, accordingly WPA 4802 of 2022 is dismissed but there shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)