Sudha Dubey v. State Of West Bengal And ORS.

21.

19.12.2022 S.D.

W.P.A. 27796 of 2022 Sudha Dubey Vs.

The State of West Bengal & Ors.

Mr. Saptangsu Basu, Sr. Adv., Mr. Anindya Halder ...For the petitioner Mr. Ayan Banerjee Ms. Debasree Dhamali ..For the S.B.S.T.C.

Ms. Tuli Sinha ...For the State Leave as prayed for on behalf of the petitioner to correct the cause title is granted.

In this writ petition, the petitioner prays for implementation of an office order dated December 8, 2020 passed by the Managing Director, South Bengal State Transport Corporation (in short, "S.B.ST.C"). The petitioner's grievance is that despite being recommended to be given the benefits of the Career Advancement Scheme (CAS) at the second stage after having completed 20 years of service in the same post on August 31, 2013, the petitioner has not yet been given the benefits of the second CAS.

Mr. Basu, learned senior advocate appearing on behalf of the petitioner submits that the representation of the

petitioner dated July 12, 2022 for being given the benefits of the second CAS has not yet been considered by the Managing Director, S.B.ST.C/respondent no. 4. He further submits that after having completed more than 30 years of service, the petitioner is now at the verge of retirement and the representation of the petitioner should be considered at the earliest possible opportunity.

Mr. Banerjee, learned counsel appears on behalf of the respondent/S.B.ST.C.

Having considered the rival submissions of the parties and the materials paced on record, this court finds that justice will be sub-served by directing the respondent no. 4/ Managing Director, S.B.S.T.C. to consider the representation of the petitioner dated July 12, 2022 in the light of the office order dated December 8, 2020 vide Memo No. 3979 (14/S.B.S.T.C/2020) as per the extant rules and policies of the employer within six weeks from date. In the said reasoned order, the respondent no. 4 will give reason for nonimplementation of the office order dated December 8, 2020 till date.

Such reasoned order will be passed upon giving a personal hearing to the petitioner.

The reasoned order shall be communicated to the petitioner within two weeks of passing thereof. With the directions aforesaid, WPA 27796 of 2022 is disposed of.

Since no affidavits have been directed to be exchanged in the present writ petition, all the allegations contained therein are deemed not to have been admitted by the parties. All parties shall act on the server copy of this order duly downloaded from the website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities.

(Lapita Banerji, J.)