Debabrata Chakraborty And ORS. v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction Judgment (2) Appellate Side Moumita Daily List Item No. 22 Present :

The Hon'ble Justice Aniruddha Roy WPA 17767 OF 2025 Debabrata Chakraborty and Ors.

Vs.

State of West Bengal & Ors.

For the Petitioners :

Mr. Samim Ahmmed Mr. Arka Maiti Ms. Saloni Bhattacharya Mr. Aniruddha Singh For the State/Respondents :

Mr. Biswabrata Basu Mallick Mr. Biman Halder Heard on :

27.08.2025 Judgment on :

27.08.2025 Aniruddha Roy, J.:

1. Affidavit-of-service, filed in Court today, is taken on record.

2. Mr. Samim Ahmmed, learned advocate appears for the petitioners.

3. Mr. Biman Halder, learned advocate led by Mr. Biswabrata Basu Mallick, learned advocate appears for the state/respondent nos. 1 to 9.

4. The petitioners are the retired contractual employees of different Gram Panchayats under Public Health Engineering Department. The petitioners claim certain monetary benefits under the policy of the state.

5. Mr. Samim Ahammed, learned advocate appearing for the petitioners referring to a Division Bench judgment dated July 4, 2024 rendered, inter alia, in MAT 429 of 2024 at page 60 to the writ petition which was not interfered with by the Hon'ble Supreme Court under its order dated November 18, 2024 at page 75 to the writ petition submits that the identical claims of the petitioners where upheld and the petitioners are eligible to receive their claims.

6. In view of the above, the petitioners shall serve a copy of this writ petition along with a copy of today's order upon the respondent no. 3 forthwith.

7. The respondent no. 3 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 issue by passing a reasoned order in accordance with law.

8. While considering the issue the respondent no. 3 shall also consider the said Division Bench judgment dated July 4, 2024.

9. The entire exercise shall be carried out and completed by the respondent no.3, positively within a period of six weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioners within a period of one week thereafter. 10.

In the event, the reasoned order goes in favour of the petitioner the appropriate authority of the state shall give an immediate effect thereto with

all consequential benefits, but positively within a period of eight weeks from the said reasoned order to be passed.

11.

The respondent no. 3 while deciding the issue shall restrict itself within the scope of the claim made in the writ petition. 12.

It is also made clear that this order shall not create any right or equity in favour of the petitioners, if the petitioners do not succeed to their claims before the respondent no. 3, strictly in accordance with law. 13.

This order shall be effected subject to payment of court fees by all the individual petitioners.

14.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 15.

With the above observations and directions, this writ petition, WPA 17767 of 2025 stands disposed of, without any order as to costs. 16.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)