STATE OF WEST BENGAL Vs. PRABIR CHAKRABORTY

JUDGEMENT

(1.) BOTH these appeals are directed against a common Judgment dated 15th December, 2005 delivered by our brother A. K. Banerji, J. holding that the petitioners, working as cooks, assistant cooks and helpers in the hostels of technical colleges, appointed by the Mess Committee of the respective college, are and should be treated as group-'d' employees under the respective institute and the benefits admissible to other group-'d' employees of the institutes should be extended to them. A direction for notional fixation of their pay from the date of their appointment has also been issued. However the actual benefits have been directed to be extended from the date of filing the writ petitions. The facts and circumstances of the case briefly stated are as follows:

(2.) PRIOR to 7th December 1981 the engineering and technological colleges, polytechnic colleges, junior technical schools and the institutions for the handicapped under the administrative control of the Director of Technical Education, it appears, were engaged in serving food to their students through the Hostel Committee of the respective college who on their turn had privately appointed cooks, assistant cooks, kitchen attendants/helpers, helpers, assistants etc. By the circular dated 7th December, 1981 issued by the Education Department, technical Branch of the Government of West Bengal, the following scheme was introduced. <FRM>JUDGEMENT_545_CALLT3_2007Html1.htm</FRM>

(3.) PURSUANT to the aforesaid scheme the Director of Technical education by his letter dated 4th June 1992 addressed to the Principal, raiganj Polytechnic granted approval to the recommendations of the hostel Committee for appointment of one cook, one assistant cook, one kitchen/helper and two helpers/assistants.