Kalyan Mahato v. State Of West Bengal And ORS.

04.10.2023 IN THE HIGH COURT AT CALCUTTA DL-232 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 9514 of 2021 Kalyan Mahato Vs.

The State of West Bengal & Ors.

Mr. Samir Kumar Adhikari ....for the petitioner.

Mr. Gourav Das, Mr. D. Chatterjee ....for the State.

The petitioner's grievance is that he has been working as a casual employee with the Divisional Forest Officer/respondent no.5.

Initially, the petitioner received a monthly sum of Rs.6,110/- from April, 2018 till April, 2019. Thereafter, the petitioner was paid a sum of Rs.4636/- from the month of May, 2019 till the end of 2019.

The petitioner made representations on July 20, 2019 and August 14, 2019 before the respondent no.5 for disbursal of his payment at the rate that he was receiving till April, 2019. Thereafter, the petitioner was asked not to join his duty from 2020 onwards.

The petitioner is aggrieved by the fact that he did not receive any salary/wages since 2020. The petitioner also expressed his concern before the respondent no.5. Agitating his grievance by a representation dated June 30, 2020, the petitioner

wrote to the Chief Conservator of Forests/respondent no.4 that no work was being allotted to the petitioner by the respondent no.5 and neither was he getting any payment since 2020.

Considering the submissions of the parties and the materials placed on record, this Court feels that justice will be sub-served by directing the Divisional Forest Officer/respondent no.5 to consider the representations of the petitioner dated July 20, 2019, August 14, 2019 and also June 30, 2020 and pass a reasoned order on the issue of entitlement of the petitioner to the sum of money that he was receiving monthly till April, 2019.

The petitioner's representation shall be considered within 8 weeks from the date of the order upon giving a personal to the petitioner. A reasoned order shall be communicated to the petitioner within 2 weeks of passing thereof.

With the directions aforesaid, WPA 9514 of 2021 is disposed of.

Since no affidavits have been directed to be exchanged in the writ petition, the allegations contained therein are 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.)