Ranjit Barman v. The State Of West Bengal And ORS.

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 16.02.2026 adeb WPA 101 of 2026 Ranjit Barman Vs.

The State of West Bengal & Ors.

Mr. Jagriti Mishra Ms. Ananya Bhyattacharya Ms. Mrinmayee Das Ms. Dayeeta Datta ....For the petitioner Mr. Joyjit Choudhury, Ld. AAG Mr. Nabankur Paul Ms. Manti Dutta ....For the State

1. Matter is heard in presence of the learned advocates representing the parties.

2. Petitioner is working as contractual employee in Gosairhat Gram Panchayat, Cooch Behar (hereinafter referred to as 'said gram panchayat'). It is further contended that petitioner is getting Rs. 3,000/- per month towards monthly wage which according to the petitioner needs to be revised in terms of memoranda dated 16th September, 2011, 25th February, 2016 and 8th February, 2019. In terms of memorandum dated 8th February, 2019 an employee who is working for a period of more than 5 years but less than 10 years is entitled to receive Rs. 14,000/- monthly remuneration on enhancement.

3. According to the petitioner aforesaid memoranda are applicable to the petitioner since petitioner is working as contractual employee in said gram panchayat from 2019 onwards and by this time he has completed more than 5 years' service.

4. Mr. Joyjit Choudhury, learned Additional Advocate General appears on behalf of State respondents who has opposed this writ petition chiefly on a document which is at page 28 of the writ petition. In reference to the said document at page 28 it is submitted that petitioner was appointed vide order dated 19th December, 2025 issued by Pradhan of said gram panchayat and it was not an appointment from 2019 onwards.

5. Another limb of submission which is advanced on behalf of State respondent is based on memorandum dated 16th September, 2011 wherein it has been provided under Clause-(i) that only contractual workers who have served at least 10 years continuously with at least 240 days of attendance in each year shall be retained in service till the age of 60 years. According to the State respondents it is also clarified in Clause-(i) that continuity of service shall have to be certified by competent officer not below the rank of Assistant Secretary. Considering nature of engagement of the petitioner in terms of Clause (i) of the

memorandum dated 16th September, necessary certificate is required to be issued either by Sub-Divisional Officer or by Block Development Officer.

6. In reply it has been submitted on behalf of the petitioner that though engagement letter is dated 19th December, 2025 but there was a certificate issued by the Pradhan of said gram panchayat dated 19th December, 2025 along with payment sheet of 2022 onwards as such petitioner is required to be treated as working in the said gram panchayat from 2019.

7. Considering the submissions made on behalf of the parties actual date of engagement of the petitioner may not be clear to this Court but based on certificate dated 19th December, 2025 petitioner has made an attempt to make out a case that at present he is working in the said gram panchayat.

8. Furthermore, on perusal of the aforesaid three memoranda it appears that even a contractual employee is working for a period of less than five years, he/she is entitled to receive benefit of enhanced remuneration, if such employees is found to be eligible.

9. Petitioner shall be at liberty to make a comprehensive representation to the District Panchayat and Rural Development Officer being

respondent no. 6 by fortnight from date claiming enhancement of remuneration based on relevant Government memoranda. If such representation is made within the aforesaid time respondent no. 6 shall decide the same in accordance with law by 10 (ten) weeks thereafter on granting opportunity of hearing to the petitioner or his representative. At the time of hearing petitioner shall be at leave to rely upon relevant documents relating to his engagement as an employee of said gram panchayat and other supporting documents.

10. Respondent no. 6 shall pass a reasoned order and same shall be communicated to the petitioner by fortnight thereafter.

11. With the aforesaid directions writ petition stands disposed of.

12. Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalitie (Saugata Bhattacharyya, J.)