UTTAM KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition 18 writ petitioners have claimed that they were engaged in the job of census work of 2000-2001 in the capacity of enumerator in the first phase of household enumeration for the period from 17.04.2000 to 16.05.2000 and in the second phase for the period from 09.02.2001 to 05.08.2001 in different areas under the Block Development Officer, Gangarampur, District Dakshin Dinajpur. After completion of their job they approached the Director of Employment, the respondent no. 2 herein, to enlist their names as exempted category being the ex-census workers. But he refused to comply with their request without assigning any reason.

(2.) Thereafter they filed a writ petition being W. P. No. 18191 (W) of 2003 before this Honble Court claiming the said relief. On 19.03.2007 their writ petition was disposed of with direction to file a fresh joint representation before the respondent no. 2, ventilating their grievances within a period of fifteen days from the date. If such representation is received by the respondent no. 2 within the time fixed it was further directed that he shall consider the same and dispose it of in accordance with law. It was further stipulated that if the respondent no. 2, upon perusal of such representation is prima facie of the view that the prayer of the petitioners cannot be granted he shall afford their authorised representative an opportunity of personal hearing prior to disposal of such representation. In such a case in the notice of hearing he shall indicate the tentative reasons for which he is not inclined to grant the prayer of the petitioners so as to enable them meet the same at the hearing. The exercise of consideration and disposal of such representation shall be completed within eight weeks from the date of receipt of representation from the petitioners and the reasoned order shall be communicated to them within a week from the date of taking the decision.

(3.) Further case of the petitioners is that they made a fresh representation before the respondent no. 2 for restoration of their names in exempted category as the ex-census workers and thereafter they received a notice dated 22.05.2007 from the Additional Director of Employment, West Bengal indicating that as per existing Government notification no. 301-EMP dated 21.08.2002 only the census workers of 1981 and 1991 census operation are recongnised as exempted category and as such their prayer cannot be entertained. As per the notice they appeared on 12.06.2007 and made the aforesaid submission which was not accepted by the respondent no. 2 and by order bearing no. 4L-6573/06/505-06R dated 26.06.2007 their prayer was again rejected. Being aggrieved by and dissatisfied with such decision of respondent no. 2 the present writ petitioners have approached this Writ Court and claimed that they have completed their job of census work for the period of 2000-2001 prior to issue of aforesaid notification on 21.08.2002 and as such the said notification is not applicable in their case and they would be treated as exempted category for the purpose of enlistment. The writ petitioners have further claimed that such rejection is bad, illegal, arbitrary and unsustainable in law and as such violative of the Articles 14 and 16 of the Constitution.