Radha Rani Mondal (Biswas) And ORS v. State Of West Bengal And ORS.

18.08.2023 Item No. 1 Ct. No. 7 PG W.P.A. 9475 of 2022 Radha Rani Mondal (Biswas) & Ors.

Vs.

r The State of West Bengal & Ors.

Mr. Partha Sarkar............for the petitioners Mr. Santanu Kr. Mitra Mr. Amartya Pal.....for the State Ms. Sarda Sha...................for the respondent no. 6

1. The writ petitioners claim to have been appointed in the post of Sahayikas/Bal Sahayikas under various Family & Child Welfare Projects on a consolidated pay and are still continuing in their respective posts. The petitioners through the Secretary of the Paschimbanga Sarkari Karmachari Union submitted a representation dated February 10, 2020 before the Secretary, Women & Child Development and Social Welfare Department being the respondent no. 1 to this writ petition praying for treating them as Government employees and to pay their salary, allowances and other benefits in the light of the judgment and order dated November 3, 1998 passed in C.O. No. 3362(W) of 1996. The grievance of the petitioners is that the respondent authority has not yet taken

any decision on the petitioners' representation dated February 10, 2020.

2. Since the representation is still pending, without entering into the merits of the claim made by the writ petitioners in the writ petition, the writ petition being W.P.A. 9475 of 2022 is disposed of by directing the Director of Social Welfare being the respondent no. 4 herein to consider the representation of the petitioners dated February 10, 2020 and to dispose of the same by passing a reasoned order after giving an opportunity of hearing to the 1st petitioner or the authorised representative of the petitioners and to communicate such decision to the 1st petitioner immediately thereafter.

3. The entire exercise shall be completed within a period of eight weeks from the date of submission of a copy of the representation dated February 10, 2020 along with a server copy of this order before the respondent no. 4.

4. With the aforesaid directions, the writ petition is disposed of.

5. There shall be however, no order as to costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)