Mahabir Kumar Mandal v. The State Of West Bengal And ORS.

2nd December, 2025 (D/L No.5) Ct. No.4 (SKB) W.P.S.T.184 of 2024 Mahabir Kumar Mandal

Versus

The State of West Bengal and others Mr. Kamalesh Jha, Mr. Biswajit Tiwari ... for the petitioner.

Mr. Tapan Kumar Mukherjee, ld. AGP, Mr. Somnath Naskar ... for the State.

1. After making submissions on the merits of the matter, the learned advocate for the writ petitioner submits that the reasoned order dated 02.08.2023, put to challenge before the West Bengal Administrative Tribunal (in short „Tribunal‟) in O.A. No.24 of 2024, does not manifest any consideration of the petitioner‟s claim in terms of Memorandum dated 25.02.2016.

2. The learned AGP appearing on behalf of the State submits that since the petitioner was disengaged in 2021 itself, there was no occasion for the authorities to consider his claim under the Memorandum dated 25.02.2016 bearing No.1107-F(P) issued by the Audit Branch,

Finance Department, Government of West Bengal.

3. The learned advocate for the petitioner, thus, submits that from the impugned order dated 02.08.2023, it is apparent that thereafter the petitioner was reengaged, though the authorities have stated it was "through agency".

4. This fact is seriously disputed by the petitioner‟s advocate and he submits that since the claim was not considered under the Memorandum dated 25.02.2016, he would raise the claim by enclosing documents before the authorities, according to which, he would be in a position to claim benefit under the Memorandum dated 25.02.2016.

5. In view of such submission being in the nature of a proposal, there is no occasion for us to enter into the merits of such submissions at this stage. We leave it for the petitioner to approach the authorities with such claim. With such liberty, we dispose of the writ petition.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)