Sajal Kumar Khasnabish v. The State Of West Bengal And ORS

Form No.J(2) Serial No.46 Sc CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon'ble Justice Aniruddha Roy WPA 1750 OF 2025 Sajal Kumar Khasnabish Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Anirban Banerjee, Adv.

Mr. Soumyajit Laskar, Adv.

For the Respondents/ State : Mr. Subir Kumar Saha, AGP Mr. Pradip Sarkar, Adv.

For the Respondent/ Nos. 2 & 3 : Mr. Bikramaditya Ghosh, Adv.

Mr. Vivek Saha, Adv.

Heard on : September 2, 2025 Judgment on : September 2, 2025 Aniruddha Roy, J. :

Affidavit-of-service, filed today in Court, is taken on record. The solitary grievance of the petitioner is that, certain financial benefits under the Career Advancement Scheme and a due promotion to which the petitioner claims to be eligible in law have not been granted. The petitioner

has submitted his representation dated June 23, 2025, Annexure-P3 at page 11 to the writ petition, the same has not been considered. In view of the above, the respondent no.3 upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall consider the representation dated June 23, 2025, Annexure-P3 at page 11 to the writ petition by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no.3 within six weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed. It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.3 but the same shall not travel beyond the scope of the said representation dated June 23, 2025, Annexure-P3 at page 11 to the writ petition.

In the event the reasoned decision goes in favour of the petitioner, the appropriate authority shall give an immediate effect thereto by taking all necessary and consequential steps in accordance with law but positively within a period of four weeks from the date of the said reasoned order to be passed.

It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim before the respondent no.3 strictly in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions this writ petition, WPA 1750 of 2025 stands disposed of, without any order as to costs. The parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Aniruddha Roy, J.)