Shyamal Kumar Das And ORS. v. The State Of West Bengal And ORS.

13.06.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction D/L Sl. No. 22 Appellate Side Moumita WPA 11135 of 2025 Shayamal Kumar Das & Ors.

Vs The State of West Bengal and Ors.

Mr. Asok Nath Ghosh ...... for the Petitioner Mr. Sujoy Mondal Ms. Srabani Biswas ...... for the State Ms. Mahima Mukherjee Mr. Aaharnish Ghosh ....for the respondent nos. 4 and 5 Affidavit-of-service, filed in court today, is taken on record.

Mr. Asok Nath Ghosh, learned advocate appears for the petitioner.

Mr. Sujoy Mondal, learned advocate with Ms.

Srabani Biswas, learned advocate appears for the state. Ms. Mahima Mukherjee, learned advocate with Mr. Aaharnish Ghosh, learned advocate appears for the respondent nos. 4 and 5.

The petitioners were employees of the respondent no. 5 except the eighth petitioner all had retired prior to January 1, 2020. The eighth petitioner retired on October 31, 2024.

Drawing attention to a justice demand dated April 16, 2025 Annexure p-7 at page 52 to the writ petition, learned advocate for the petitioner submits that the claim of the petitioners have not yet been considered.

In view of the above, the respondent no. 5 is directed upon issuing a prior hearing notice of at least seven days to the petitioners and after granting them an opportunity of hearing shall decide the said representation of the petitioners made through their learned advocate dated April 16, 2025 Annexure p-7 at page 52 to the writ petition, by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no.5 positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioners within a further period of one week from the date of the said reasoned order to be passed. It is provided that the petitioners may be accompanied with their duly authorized representative to participate in the hearing before the respondent no. 5. It is made clear that, this court has not gone into the merits of the claim of the petitioners and the petitioners shall be at liberty to urge whatever points they wish to urge by relying upon whatever records, documents and order of court but the same shall not travel beyond the scope of the said representation as referred to above.

In the event, the reasoned order goes in favour of the petitioner, the respondent no. 5 and/or any other appropriate authority of the employer shall give an

immediate effect thereto in every respect with all consequential benefits to which the petitioners shall be found to be eligible in accordance with law, but positively within a period of three weeks from the date of the said reasoned order to be passed. The necessary pay fixation shall also be made.

Since affidavits are not called for, the allegations made in this writ petition is deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 11135 of 2025 stands disposed of, without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)