Anirban Dutta v. State Of West Bengal And ORS.

HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA WPA 13816 of 2024 Dr. Anirban Dutta

Versus

The State of West Bengal & Ors.

For the petitioner :

Mr. Keshab Chandra Das, Adv.

Ms. Aparajita Mondal, Adv.

For the State :

Mr. Swapan Kumar Dutta, Ld. A.G.P.

Mr. Rajat Dutta, Adv.

Heard on :

28.8.2024 Judgment on : 28.8.2024 JAY SENGUPTA, J:

Undertaking given by the petitioner in respect of discharge of additional two years of Rural/Remote service after completion of the regular bond period of five years, as filed on behalf of the petitioner, is taken on record. Copy of the same is supplied to the learned counsel for the other side. Learned counsel for the petitioner submits as follows. WPA 21439 of 2023 was filed challenging a Government Notification dated 09.08.2023 whereby the State directed that COVID-19 related duty should be considered as rendering service in

difficult area in order to avail in-service quota for in-service candidates to the Health & Family Welfare, Govt. of West Bengal till the cut off date of 31.03.2023. With the consent of the parties, an order was passed in the said writ petition on 29.04.2024. Some of the private respondents undertook that they would discharge additional two years of rural/remote service after completion of regular bond period of five years. The University was directed to register their thesis papers, if necessary, by relaxing the last date of registration. The added respondents giving such undertakings were directed to be provided with "Trainee Reserve" facility by the State. The order granting by the "Trainee Reserve" facility by the State was also to mention the condition of discharge of additional two years of rural/remote service. Similar benefits were subsequently granted in other matters including in W.P.A. 14444 of 2024. The present petitioner stands on exactly the same footing and therefore, is entitled to the same benefit.

Learned senior counsel appearing on behalf of the State submits that similar undertakings were required to be provided by the present petitioner. Earlier the respondents had complied with all the directions passed by this Court. In view of the above, the respondent authorities are directed to be provide "Trainee Reserve" facility to the petitioner. The order granting "Trainee Reserve" facility by the State shall also contain the conditions that the petitioner shall discharge additional two years of rural/ remote service after completion of the regular bond of five years. All the conditions of the bond shall apply to the additional two years of service.

With these observations, the writ petition is disposed of.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Jay Sengupta, J) SB