IMRAN MONDAL Vs. STATE WEST BENGAL

JUDGEMENT

(1.) The petitioner of this case is aggrieved with the decision of the Chief Executive Officer of West Bengal State Agricultural Marketing Board ( the respondent no.2 herein) which has been communicated to him under cover of Memo No. 1255(8)/Gen-35/Court-110/P-69/2018 dtd. 6/3/2019 and thus filed the instant writ petition under Article 226 of the Constitution of India. By the impugned memo dtd. 6/3/2019 the respondent no.2 refused to place the present writ petitioner in regular scale of pay in the office of the respondent no.3. however he was permitted to act as a casual employee and thus enabling him to get consolidated pay as per G.O dtd. 25/2/2016 issued by the Finance Department, Audit Branch, Government of West Bengal.

(2.) Mr. Roy, learned advocate for the writ petitioner in support of the instant writ petition at the very outset draws attention of this Court to Annexure P4 of the instant writ petition whereby and whereunder the Secretary of the respondent no.3 i.e. Assansol Regulated Marketing Committee (hereinafter referred to as the said 'Committee') appointed the present writ petitioner in the post of Group D on regular basis at a consolidated pay of Rs.4500.00 together with other admissible allowances. Mr. Roy submitted before this court that from Clause 4 of the said memo dtd. 15/2/2011, it would reveal that the Secretary of the said committee communicated that the petitioner would be placed on an appropriate scale of pay after six months by the said committee on completion of police verification report and medical fitness. It is contended further on behalf of the petitioner that prior to the absorption of the writ petitioner in the office of the said committee the said committee took approval of the West Bengal State Marketing Board, (hereinafter referred to the said 'Board') which would be evident from page no. 32 of the writ petition.

(3.) Mr. Roy in course of his submission draws attention of this Court to the order dtd. 8/5/2018 as passed in WP No.4077(W) of 2015 with WP No.4078(W) of 2015 with WP No.4079(W) of 2015 with WP No.4080(W) of 2015 with WP No.4081(W) of 2015 wherein a Co-ordinate Bench of this Hon'ble Court in a similar type of case directed the Burdwan Zila Regulated Market Committee to consider the claim of the said writ petitioners and to take a decision in accordance with law with regard to the fixation of pay and allowances of the writ petitioners of the aforesaid writ petition. Drawing attention to Annexure P5 Mr. Roy, learned advocate for the writ petitioner submits that in compliance of the direction issued by the Co-ordinate Bench of this Hon'ble Court, as passed in the said writ petitions the employment of the said writ petitioners have been regularized in their proper scale of pay. Mr. Roy, learned advocate for the writ petitioners thus submits that since the present writ petitioner is similarly circumstanced with the writ petitioners of the aforementioned writ petitions, the respondent no.2 ought to have taken a similar decision as has been taken by the then Chief Executive Officer of the self same board.