LAWS(CAL)-2017-7-229

SUNITA GHOSH Vs. STATE OF WEST BENGAL

Decided On July 13, 2017
Sunita Ghosh Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This writ petition has been taken out by five (5) individuals who claim to be office staff working under Bhangar-I Integrated Child Development Scheme (ICDS) project operated by an NGO, Shri Ramkrishna Satyananda Ashram, who were issued appointment letters by the said NGO as per order of the Director of Social Welfare, Government of West Bengal, after approval of panel by the Department of Women and Child Development and Social Welfare, Government of West Bengal, for their respective posts. According to the petitioners, appointment letters were issued in their favour sometime in the year, 2003, and since then they are working as Supervisors of the said project with utmost sincerity and to their best of capacity without any break. The reason for approaching this Court under Article 226 of the Constitution of India appears to be for the purpose of seeking extension of certain benefits and/or facilities, such as Career Advancement Scheme (CAS), Bonus/Advance, Leave Encashment, Gratuity, Group Insurance, General Provident Fund, Pension and Health Scheme as per the existing Government Rules. Their entire case is based on a judgment of the Supreme Court rendered on 10th December, 2008 in Special Leave Petition (Civil) No. 16547 of 2007 (State of West Bengal & Ors. v. Kaberi Khastagir & Ors.).

(2.) According to the learned senior counsel for the petitioners, following the ratio of the above decision rendered by the Supreme Court, the respondent authorities should be directed to treat the writ petitioners as Government employees at par with the Government operated ICDS employees.

(3.) On the other hand, the learned Assistant Additional Advocate General for the State of West Bengal submits that the writ petitioners are not at all similarly situate and circumstanced as that of the employees referred in the judgment of the Supreme Court. He submits that in the facts of the instant case, the petitioners were issued appointment letters not by the State Government but by the NGO, Shri Ramkrishna Satyananda Ashram. As such, they stand on a completely different footing and the benefits which can be granted to those who have been issued appointment letters by the State Government cannot be extended to the petitioners since they were all initially engaged by the NGO and not by the State Government.