Prabhakar Roy v. State Of West Bengal And ORS.

26th November, 2025 (D/L No.14) Ct. No.4 (SKB) W.P.S.T. 232 of 2025 Prabhakar Roy

Versus

The State of West Bengal and others Mr. Kallol Basu, Mr. Jayanta Das, Mr. Swapnamoy Sarkar ... for the petitioner.

Mr. Amal Sen, ld. AAG, Mr. Sambuddha Datta, Ms. Debdooti Dutta ....for the State.

1. Heard the learned advocate for the writ petitioner as well as the learned AAG for the State.

2. The primary relief claimed by the writ petitioner is benefit of a government notification bearing No.192-IT/06/2020/P&AR-e-Gov dated 16th October, 2020. The notification was issued by the Government in recognition of the critical role played by the contractually engaged IT personnel in the continuing success of eGovernance reforms. The same contemplated provision for certain security of tenure and other benefits to such persons who work on contractual basis.

3. The petitioner claimed to be working as a data entry operator which fact is in dispute. It is under such facts and circumstances, that he earlier approached the Tribunal for a direction to consider his claim for being extended his benefit under the notification dated 16.10.2020. The Tribunal directed for such consideration and pursuant to such direction, the Principal Secretary, Government of West Bengal, has rejected the claim of the applicant/petitioner by an order dated 29.09.2022.

4. The writ petitioner, however, has approached the Tribunal by way of a second O.A.

substantially seeking the same relief as in the first O.A., for a direction upon the authorities to consider his claim for being extended the benefit of the notification dated 16.10.2020. An ambiguous prayer has been made for setting aside any order averse. The order dated 29.09.2022 of the Principal Secretary, however, has not been put to challenge in the OA.

5. We do not appreciate filing of a successive OA for the same relief when the relief was granted in the earlier Original Application being O.A.555 of 2022. We, however, find that the order of the Principal Secretary has not been put to

challenge till now and, therefore, leaving all issues open, we dispose of the writ petition with liberty to the petitioner to challenge the decision of the Principal Secretary dated 29th September, 2022 in appropriate proceedings in accordance with law.

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