Pradip Nayek v. State Of West Bengal And ORS.

20.06.2025 (D/L-11) Ct. No.4 (B.K.N.) W.P.S.T. 96 of 2025 Pradip Nayek Vs.

The State of West Bengal & Ors.

Mr. Partha Sarathi Bhattacharyya, Sr. Adv., Mr. Khairul Alam, Mr. Raju Bhattacharyya ...for the Petitioner Mr. Tapan Kr. Mukherjee, Ld. AGP, Mr. Somnath Naskar ...for the State Respondent

1. Having worked as a casual worker, and thereafter temporary Darwan in the State Government since 1999 the petitioner is before this Court assailing an order passed by the West Bengal Administrative Tribunal (SAT) in O.A. No. 297 of 2017 whereby and whereunder his claim for regularization has been rejected.

2. After making some submissions the learned senior counsel realizing a difficulty in the relief claimed for in the Original Application in view of the settled legal position emanating from decision of the Apex Court in the case of Secretary, State of Karnataka and Others -Vs.- Umadevi (3) and Others reported in (2006) 4 SCC 1 submits that the petitioner would be making an application before the respondent no. 3 for availing the benefit of security of tenure and enhancement of remuneration in terms of the memo

dated 16.09.2011 issued by the State Government in this regard.

3. In view of such submission the pendency of the present writ petition would serve no useful purpose. We dispose of the same enabling the petitioner to make a representation in respect of his claim before respondent no. 3. The application if made within two weeks from date should be disposed of by a reasoned and speaking order within eight weeks thereafter. If the disposal of the representation leaves a grievance in respect of the decision taken by the authorities the petitioner would be at liberty to avail appropriate remedy in accordance with law.

4. The writ petition stands disposed of.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)