Abu Masrek Ganoul Karim And ORS. v. State Of West Bengal And ORS.

19.05.2025 Sl. No. 98.

Ct.No.39.

ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25466 of 2023 Abu Masrek Ganoul Karim & ors.

Vs.

The State of West Bengal & Ors.

Mr. Sayan Banerjee Ms. Suparna Dutta ..for the petitioners Mr. Amal Kumar Sen, Ld. AGP Mr. Jaladhi Das ...for the State.

Mr. Pinaki Ranjan Chakraborty ...for respondent nos.3 & 4 Report filed by the State is taken on record. The writ petition is filed seeking direction upon the respondent authorities for releasing the unpaid remuneration of the petitioners pertaining to discharge of their duties as Jeevika Sevak.

The petitioners contend that they were engaged as Jeevika Sevak and pursuant to the order passed by the Additional District Magistrate, Malda dated 27th February, 2017 petitioners discharged their functions as PMAY-G facilitator (Pradhan Mantri Awaas Yojana) at Kaliachak 3 Block in the District of Malda. Petitioners received their payments from the respective authorities for the period of 2017-2018, 2018-2019 but due to some unknown reason the respondent authorities are

reluctant to pay the due amount to the petitioners in respect of the subsequent periods. The petitioners have not received their money for the last three financial years. Hence, this writ petition.

Mr. Sayan Banerjee, learned Advocate for the petitioners submit that as per the report furnished by the State the amount as claimed by the petitioners is admitted one. The only reason for non-disbursement of the amount is of non-availability of required funds. Due to non-payment of the claimed amount, the petitioners are suffering for the last three years. He seeks specific direction upon the respondent no.5, the District Magistrate, Malda to take appropriate steps for disbursement of the amount claimed by the petitioners in their favour.

Mr. Pinaki Ranjan Chakraborti, learned Advocate for the respondent nos.3 and 4 also submits for specific direction upon the respondent no.5, the District Magistrate, Malda for disbursement of the amount. Mr. Jaladhi Das, learned Advocate appearing on behalf of the State-respondents seeks some more time so that the amount can be disbursed in favour of the petitioners after receipt of the fund.

Admittedly, the petitioners completed their work as entrusted to them under the Pradhan Mantri Awaas Yojana Scheme as facilitator. The amount claimed by the respective petitioner nos.1 to 6 as tabulated in page 6 at

paragraph no.8 of the writ petition has not been disputed by the State authorities in their report. There cannot be any quarrel that the amount claimed by the petitioner is lying unpaid for last three financial years. In light of the above, the respondent no.5, the District Magistrate, Malda is directed to take steps for disbursement of the amount claimed, as stated in paragraph 8 of the writ petition, in favour of petitioner nos.1 to 6 within a period of six weeks from date of communication of this order.

Petitioners are directed to communicate this order to the respondent no.5, the District Magistrate, Malda, for compliance.

With the aforesaid directions, the writ petition being WPA 25466 of 2023 stands disposed of.

All connected applications, if any, stand disposed of.

There will be, however, no order as to costs. Interim order, if any, stands vacated.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Bivas Pattanayak, J.)