Md Sahidullah v. The Executive Director,West Bengal State Health And Family Welfare Samity And Mission Dir And ANR

15.05.23 93 Ct. No.25 Sws.M WPA 6872 of 2022 Md. Sahidullah Vs.

Executive Director, West Bengal State Health & Family Welfare Samity & Mission Director & Anr. Mr. Amit Ranjan Pati ....for the petitioner Mr. Arjun Ray Mukherjee Ms. Amrita Panja Moulick ...for the respondents The petitioner has been discharging his duties on contractual basis as a Programme Associate, Rashtriya Bal Swasthya Karyakram (RBSK) at the office of the Chief Medical Officer of Health (CMOH), Malda. The petitioner was given the additional duty of District Programme Supervisor/ District Programme Coordinator with effect from January 6, 2016. The petitioner was receiving an additional remuneration for the additional duties performed by him.

By a memo dated October 9, 2020 issued by the West Bengal State Health and Family Welfare Samity, provision of drawing additional remuneration for additional task was discontinued and the District Judge/ State Programme Division was directed to ensure that the vacant posts were filled up on priority basis.

The petitioner is not receiving the additional remuneration since May, 2021. The petitioner made an initial representation in June, 2021 for relieving him from the additional duties. The petitioner through his advocate again renewed such prayer on March 13, 2022 before the Executive Director (WBSH & FWS)/ the respondent No. 1.

Mr. Pati, learned counsel appearing on behalf of the petitioner submits that neither the said

representation has been considered nor was the petitioner being relieved from additional duties. Mr. Ray Mukherjee, learned counsel represents the State-respondents.

Considering the submissions of the petitioner this Court directs the representation of the petitioner dated March 13, 2022 to be considered by the respondent No. 1 within four weeks from date upon giving a personal hearing to the petitioner. A reasoned order shall be passed and communicated to the petitioner within two weeks of passing thereof. With the directions aforesaid, WPA 6872 of 2022 is disposed of.

Since no affidavits have been called for in the writ petition, the allegations contained therein be deemed not to have been admitted by the respondents. All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

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

(Lapita Banerji, J)