Calcutta High CourtWPA/27997/2024dismissed as withdrawn

Satyabrata Roy And ANR. v. The State Of West Bengal And ORS.

2025-01-02Hon'Ble Justice Arindam Mukherjee2 pages

02.01.2025 Court No.23 DL - 4 M.H In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 27997 of 2024 Satyabrata Roy & Anr.

versus The State of West Bengal & Ors.

Mr. Sourav Bose .... for the Petitioner Mr. Joydip Banerjee, Mr. Ovik Sengupta ....for the State Affidavit of service is taken on record in Court today.

In this writ petition, the petitioner no.1 is still in service as a Civil Defence Volunteer while the petitioner no.2 on attaining the age of 60 years has become disentitled to work as a Civil Defence Volunteer with effect from February, 2024. The petitioners say that the benefits available to a Civil Defence Volunteer under the provisions of Memo No.823-CD (e 307898) dated 16th September, 2020 is available to the petitioners. The petitioners have been deprived of the benefit of such circulars issued in terms of the government policy and decision.

The writ petitioners are differently situated. The petitioner no.2 on having reached the age of 60 years has become entitled to receive Rs.3 lakhs. The claim for terminal benefit in favour of the petitioner no.2 has

matured in terms of the government order/memo while that in case of the petitioner no.1 has not yet matured. The petitioner no.1 has also not provided any details on having been deprived of other benefits under the Memo No.823-CD (e 307898) dated 16th September, 2020 which he claims through submission by his advocate. In these facts and circumstances, no order can be passed in this writ petition. Curing the defects in the writ petition by filing a supplementary affidavit can also not be done as the defects in this writ petition are of such nature that they cannot be cured by a supplementary affidavit.

In the aforesaid facts and circumstances, the writ petition being WPA 27997 of 2024 is dismissed as withdrawn with liberty to each of the petitioners to file appropriate proceedings on the self-same cause in accordance with law, if otherwise entitled to. (Arindam Mukherjee, J.)