UTPAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been preferred challenging the inaction of the State of West Bengal (hereinafter referred to as the respondent no.1) in not sanctioning the petitioner's pensionary benefits.

(2.) The facts in a nutshell are that pursuant to Order No. 1213-A. R read in conjunction with Order No. 1214-A. R dated August 8, 1978, issued by the Department of Home (C&E), administrative departments were vested with the authority to designate Confidential Assistants to Ministers/Ministers of State within their respective Ministry/Department. The notifications explicitly delineated that these Confidential Assistants were eligible to receive remuneration on a monthly basis for their services. In addition to the consolidated payment, incumbents of the aforementioned positions were entitled to residential telephone services, reimbursement for electricity expenses, coverage of two government-subsidized gas cylinders per month, medical benefits commensurate with those provided to Ministers/Ministers of State and travel allowances equivalent to the highest rate permissible for a government employee. However, it was expressly stipulated that such appointment would terminate concomitantly with the conclusion of the Ministers'/Ministers of State's term in office.

(3.) The petitioner was appointed or recruited at the discretion of the Ministers of State in the capacity of a Confidential Assistant to Sri Dr. Srikumar Mukherjee, the then Minister of State overseeing the Home (Civil Defence) Department. This appointment was effective from September 1, 2004, to May 17, 2006 and subsequently, from May 18, 2006, to March 31, 2007. Furthermore, the petitioner continued in this role from April 1, 2007, to February 4, 2011, as evident by Memo No. 472-Home (Cons.) dated August 19, 2004 and Memo No. 599-Home (Cons.) dated November 25, 2004. Additionally, the appointments are supported by the orders issued on June 29, 2006, bearing No. 178-Home (Cons)/R13A-7/2006 and May 8, 2007, with Order No. 551-CD/2e-13/2007.