Subhasish Misra And ORS v. The North Bengal State Transport And ORS

27.09.2023 IN THE HIGH COURT AT CALCUTTA DL-83 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 20250 of 2023 Subhasish Misra & Ors.

Vs.

The North Bengal State Transport Corporation & Ors.

Mr. Sufi Masih Aftab ....for the petitioners.

Mr. Amal Kumar Sen, AGP, Ms. S. Sumi ....for NBSTC.

Affidavit of service filed in Court today be retained with the records.

The petitioners' grievance is that they have not been given the benefits of the second Career Advancement Scheme (CAS), 1990 despite rendering 20 years of continuous service.

Mr. Aftab, learned counsel appearing on behalf of the petitioners submits that the respondent no.4 who is similarly circumstanced as the petitioners have been given the benefits of second CAS, but the petitioners have been deprived. The petitioners have made representations since February 6, 2023, but such representations have not yet been considered. The petitioners also made demand for justice on June 28, 2023. Such demand for justice has also not been responded to.

Mr. Sen, learned Additional Government Pleader appears on behalf of NBSTC/respondent nos.1 & 2. Considering the submissions of the parties and the materials placed on record, this Court is of the view that justice will be sub-served by directing the respondent no.2 or any other officer delegated by him to consider the representations of the petitioners in terms of the extant rules and policies by 8 weeks from date and pass a reasoned order thereon upon giving a personal hearing to the petitioners. Such reasoned order shall be communicated to the petitioners within 2 weeks of passing thereof. In considering the representations of the petitioners, the respondent no.2 will take into account the benefits given to the private respondent no.4.

With the directions aforesaid, WPA 20250 of 2023 is disposed of.

Since no affidavits have been called for in the writ petition, the allegations contained therein are deemed not to have been admitted by the respondents.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)