Suprabhat Mukherjee v. State Of West Bengal And ORS.

21.11.2022 Sl. No.6(DL) srm W.P.A. No. 23584 of 2022 Suprabhat Mukherjee

Versus

The State of West Bengal & Ors.

Mr. Imtiaz Ahmed, Mr. Ghjazala Firdaus, Mr. Mofakkerul Islam, Sk. Saidullah, Ms. Smita Saha, Mr. Mithun Mondal ....for the Petitioner.

Despite service, none appears on behalf of the respondents. Affidavit-of-service is taken on record. The District Magistrate & District Programme Coordinator, Paschim Bardhaman directed the Kajora Gram Panchayat to enlist the petitioner as a Skilled Technical Person (in short STP) in the said gram panchayat by taking immediate action for renewal of his annual contract, under the relevant scheme. The petitioner alleges that no annual increment was granted in favour of the petitioner.

It appears from the records especially page 45 to the writ petition that pursuant to the order of the District Magistrate, the petitioner was allowed to continue as an STP in Kajora Gram Panchayat and he had successfully completed one year.

It further appears that the Programme Officer, MGREGS & Block Development Officer, Andal Development Block was requested by the Pradhan of Kajora Gram Panchayat to sanction annual increment in favour of the petitioner for having successfully completed the said year with an observation that the annual increment fell due on July 16, 2022. Such letter was written by the Pradhan of Kajora Gram Panchayat on September 14, 2021. The letter was written pursuant to the prayer of the petitioner dated August 11, 2021 made before the Pradhan of Kajora Gram Panchayat. The letter indicates that the petitioner joined as an STP of the said gram panchayat on July 16, 2020 as per the order passed by the Additional District Magistrate, Paschim Bardhaman and after completion of one year, that is, on July 15, 2021, the petitioner was entitled to the increment as per the norms. It appears that the said issue is still pending before the Programme Officer.

Under such circumstances, the writ petition is disposed of with a direction upon the District Magistrate, Paschim Bardhaman, who is the District Programme Coordinator, to decide the issue for payment of annual increment to the petitioner in view of the fact that the petitioner was allowed to complete one year of his contract

as STP pursuant to the order dated June 26, 2020. The issue shall be decided by the concerned District Magistrate, strictly in accordance with law as per the scheme and the norms. A hearing shall be given to the petitioner as also the Pradhan of Kajora Gram Panchayat, in this regard. reasoned order shall be passed and communicated to the petitioner within a period of six weeks from the date of communication of this order. A copy of the writ petition along with a server copy of this order be served upon the District Magistrate, Paschim Bardhaman.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)