Joydev Maji And ORS. v. State Of West Bengal And ORS.

04.09.2025 Item No.16 Ct. No.42 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 7370 of 2025 Shri Joydev Maji & ors.

-VsThe State of West Bengal & Ors.

Mr. D. N. Ray, Sr. Adv.(through virtual mode) Ms. Shetparna Ray ... for the petitioners Mr. Amitabrata Ray, Ld. G.P.

Mr. Shibasish Banerjee ... for the State 1.

Petitioners file copy of e-challan showing deposit of deficit court fees in terms of order dated 28th August, 2025.

2.

By the present writ petition, the petitioners seek for extending financial benefits to them in terms of Memo No.9008-F(P) dated 16th September, 2011 and subsequent memorandum issued by the Finance Department, Government of West Bengal. 3.

The petitioners contend that they are tubewell operators in different Gram Panchayats in the District of Bankura. They have completed more than 10 years of service and have also discharged 240 days in a year during their period of employment. The petitioners thus, are entitled to the financial benefits under the memorandum of the Finance Department. The petitioners made representation before the concerned authority.

Since no steps were taken, the petitioners are constrained to file the present writ petition. 4.

Mr. D.N. Ray, learned Senior Advocate for the petitioners appearing through virtual mode, submits that the matter be relegated to the Secretary, Finance Department, Government of West Bengal, respondent no.2 for consideration of the representation of the petitioners.

5.

On the contrary, Mr. Shibasish Banerjee, learnerd Advocate for the State submits that all the development blocks have not been made party in this writ petition.

6.

The petitioners have claimed benefits under memorandum dated 16th September, 2011 since they have discharged their functions as tubewell operators for more than 10 years and have discharged 240 days in a year.

7.

Such being the position, the petitioners are granted liberty to file a comprehensive representation before the District Magistrate, Bankura, respondent no.4. Upon submission of such comprehensive representation by the petitioners, the respondent no.4, the District Magistrate, Bankurta shall consider and disposed of the same within a period of four weeks from the date of submission of such comprehensive representation by a reasoned order in accordance with law upon notice to petitioners.

8.

Reasoned order shall be communicated to the petitioners within one week thereof.

9.

Learned advocate for the petitioners is directed to communicate this order to respondent no.4, District Magistrate, Bankurta for necessary compliance. 10.

With the above direction, the writ petition being WPA 7370 of 2025 stands disposed of.

11.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12.

Interim order, if any, stands vacated.

13.

All connected applications, if any, stand disposed of.

14.

There shall be no order as to costs.

15.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)