Kishor Kumar Das @ Kishor Das v. The Secretary, Deptt. Of Finance, Govt. Of W.B. & ORS

30.03.2023 Court No. 19 Item no.61 CP WPA No. 22513 of 2018 Kishor Kumar Das @ Kishor Das Vs.

The Secretary, Department of Finance, Govt. of West Bengal & ors.

Mr. Partha Sarathi Das Md. Hafiz Ali Ms. S. Sarkar ...for the petitioner.

Mr. Raja Saha Ms. Tanusri Chanda ....for the State.

Mr. Sunil Gupta Mr. Hasibul Islam .....for the respondent no. 7.

The petitioner is directed to add the Project Director, District Rural Development Cell, Murshidabad as the respondent no. 8 here and now. The petitioner claims that he has been working in a Group-D post in the office of the District Rural Development Cell, Murshidabad with effect from 1995.

The petitioner prays for enhanced remuneration in terms of the Memorandum dated February 25, 2016 and subsequent Memorandum of 2019, by which casual/daily rated/contractual workers serving in different departments under the Government of West Bengal were allowed enhanced pay upon fulfilment of certain eligibility criteria.

The petitioner approached the authority time and again for enhanced remuneration but the same was not paid. The writ petition is disposed of with a direction upon the added respondent no. 8, namely the, Project Director, District Rural Development Cell, Murshidabad Zilla Parishad, to treat the writ petition as a representation and decide whether the petitioner would be entitled to the enhanced remuneration in terms of the Memorandum dated September 16, 2011, being No. 9008-F(P) and subsequent memoranda by which enhanced remuneration and security of tenure had been granted to casual/daily rated/contractual workers. Such decision shall reach the petitioner within a period of ten weeks from the date of communication of this order.

The petitioner and/or his representative as also the authority under whom the petitioner was working, shall be heard.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)