Champa Chakraborty And ORS. v. State Of West Bengal And ORS.

22.04.2025 Item No. 39 Crt.No.02 b.r.

WPA 8508 of 2025 Champa Chakraborty & Ors.

-vsThe State of West Bengal & Ors.

Mr. Rabi Sankar Chattopadhyay Mr. Sayan Chattopadhyay Md. Reajul .... For the petitioners.

Mr. Sk. Md. Galib, Sr. Govt. Adv.

Mr. Alok Banerjee ..... for the State.

Affidavit of service filed in Court today, is taken on record.

Mr. Rabi Sankar Chattopadhyay, learned advocate appears, for the petitioners.

Mr. Sk. Md. Galib, learned Senior Government Advocate, appears for the State-Respondents.

Subject to payment of deficit Court Fees by the petitioners since there are seven writ petitioners, this order shall be effected.

The grievance of the petitioners is that they claim promotion after participating in the promotional selection process. The petitioners submitted their representation dated April 7, 2025, annexure p-5 at

page-38 to the writ petition and the same has not yet been considered.

In view of the above, the respondent no.4 is directed upon issuing a prior hearing notice to the petitioners and after granting them an opportunity of hearing shall decide the representation dated April 7, 2025, as referred to above, by passing a reasoned order in accordance with law.

The petitioners shall be entitled to be represented in the hearing through their authorized representatives also.

The entire exercise shall be carried out and completed by the respondent no.4 positively within a period of five weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioners positively within a further period of one week from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merits of the claims of the petitioners. They shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon but the same shall not travel beyond the scope of their representation dated April 7, 2025. In the event, the reasoned order goes in favour of the petitioners then the appropriate State authority

shall give an immediate effect thereto but positively within a period of four weeks from the date of the said reasoned order to be passed.

It is made clear that this order shall not create any right or equity in favour of the petitioners, if they do not succeed to their respective claims strictly in accordance with law before the respondent no.4. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 8508 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)