Bablu Das And ORS. v. State Of West Bengal And ORS.

07.02.2024.

Ct. 38 Sayandeep Item No.21 W.PA. No. 13167 OF 2023 Bablu Das & ors.

Vs.

The State of West Bengal & Ors.

Mr. Susanta Pal ....... For the Petitioners Ms. Debolina Chattaraj Ms. A. Dutta .......... For the Corporation The grievance of the petitioners is directed against non-consideration of a representation seeking disbursement of arrear benefits of revised pay with effect from 1st April, 2016 in term of Memorandum dated 25th February, 2016. It is submitted on behalf of the petitioners that notwithstanding having filed representations with the concerned respondent authority as far back as on April, 2023, the respondent authorities and more particularly, the respondent No. 5 has taken no steps whatsoever to consider and dispose of the said representation.

On behalf of the Corporation, it is submitted that the concerned Memorandum dated 25th February, 2016 is of no relevance and has no application whatsoever. In fact, proceedings are pending before the Hon'ble Division Bench wherein the applicability of the said Memorandum dated 25th February, 2016 is the subject matter of the appeals. Nevertheless, the representations may be considered in accordance with law.

On behalf of the petitioners, it is submitted that by an order dated 5th October, 2023, a Co-ordinate Bench has directed consideration of the representation filed by similarly placed and situated parties. In such circumstances, WPA 13167 of 2023 stands disposed of by directing the respondent No. 5 to consider and dispose of the representation dated 4th April, 2023 in accordance with law and within a period of eight weeks from the date of passing of this order. It is made clear that there has been no adjudication on the merits of the case and respondent No. 5 is at liberty to act in accordance with law in considering the representations.

With the aforesaid directions, WPA 13167 of 2023 is disposed of.

(Ravi Krishan Kapur, J.)