STATE OF WEST BENGAL Vs. RANJIT SAHA

JUDGEMENT

(1.) Two appeals have been heard analogously as they involve similar issues. MAT 429 of 2024 has been directed against the order dated January 29, 2024 passed by the learned single judge in WPA 1869 of 2021 while MAT 430 of 2024 has been directed against the order dated December 18, 2023 passed in WPA 8597 of 2020. Both the appeals have been filed by the State of West Bengal and its functionaries.

(2.) Learned Junior Standing Counsel appearing for the appellants has submitted that, the private respondents were working as guards of the pumping stations maintained at the Gram Panchayat level. Although, the pumping equipment and the work is controlled and operated by the Public Health Engineering Department of the Government of West Bengal, none of the private respondents had been appointed by the Government or are employees of the government. He has contended that, the general maintenance and security of the pumping stations is under the concerned Gram Panchayat and for such purpose, the Public Health Engineering Department provides monthly lump-sum payment to the concerned Gram Panchayat.

(3.) Learned Junior Standing Counsel appearing for the appellants has contended that, the learned single judge misconstrued the memorandum dated September 16, 2011. He has contended that, none of the private respondents are entitled to the benefits of such memorandum. He has referred to the various clauses of such memorandum in support of such contention. In any event, he has contended that, respondent No. 25 in MAT 429 of 2024 was appointed on October 16, 2007 and therefore in any view of the matter, he does not come within the purview of such emorandum.