Alok Kumar Das & ORS v. Union Of India & ORS

Court No. 21 G.S.Da s 18.11.2022 WPA 16002 of 2019 With CAN 1 of 2021 [ with Alok Kumar Das & Ors.

-VsUnion of India & Ors.

Mr. D. K. Samanta Mr. Ashis Kr. Paul ... for the petitioners Mr. Alok Kr. Banerjee Mr. Arunabha Sarkar... for the RBI The petitioners are the canteen employees of the Reserve Bank of India (for short, RBI). The appointment letters were issued in their favour in the year 2014. It was mentioned in their appointment letters that their appointment was on part time and temporary basis.

The petitioners in this writ petition pray for direction upon the respondent authorities to count the respective dates of appointment on notional basis for computation of their retrial benefits including the benefits at par with the regular employees of the Reserve Bank of India.

The petitioners pray for consideration of their representation dated July 4, 2019 issued by the Respondent No.3/the Regional Director/RBI (for West Bengal and Sikkim).

Mr. Samanta, Learned Counsel, appears for the

petitioners.

Mr. Banerjee, Learned Counsel, appearing for the RBI, submits that the appointments of the petitioners were pursuant to a settlement and they are claiming their retrial benefits beyond their period of appointment.

Considering the rival submissions of the parties and considering the materials placed, this Court directs the Respondent no.3 to consider the representation of the petitioners within eight weeks from date upon giving personal hearing to the petitioners. A reasoned order is to be passed and communicated to the petitioners within two weeks of passing thereof.

Needless to mention, that the said representation will be considered as per the extant rules and policies of the RBI, India.

With the aforesaid directions, WPA 16002 of 2019 is disposed of.

Since the main writ petition is disposed of, CAN 1 of 2021 being the application for early hearing, has become infructuous.

Hence, CAN 1 of 2021 is dismissed as infructous.

All parties to act on a server copy of this order duly obtained from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Lapita Banerji, J.)