KHOKAN CHANDRA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners pray for implementation of the memo no. 1107-F (P) dated 25th February, 2016 issued by the Audit Branch, Finance Department, Government of West Bengal and the order dated 10th July, 2017 issued by the Additional Secretary to the Government of West Bengal, Department of Fire and Emergency Services, in their favour, with retrospective effect.

(2.) Pursuant to an order dated 19th January, 2012 being no. 138/FES/O/2E- 04/12 issued by the Secretary to the Government of West Bengal, Department of Fire and Emergency Services the petitioners were appointed on contractual basis as Auxiliary Fire Personnel at a consolidated pay of Rs.289/- per day, subject to maximum of 22 days in a month. The contract was for a period of one year against the existing post in the Directorate of Fire and Emergency Services. The said order was issued with the concurrence of the Finance Department, and the charge was debited to the head of account "2070-Other Administrative Services-00-108-Fire Protection and Control-NP-Non Plan-001-Direction and Administration(FE)-01- Salaries" in the current budget year.

(3.) By a further order being no. 139/FES/O/2E-04/12 dated 19th January, 2012 the Secretary to the Government of West Bengal, Department of Fire and Emergency Services laid down the method of recruitment of the various posts created in the Department of Fire and Emergency Services. It mentioned that the Civil Defence Volunteers aged between 20-30 years would be deployed as Auxiliary Fire Personnel. The Department of Civil Defence would provide the list of trained volunteers and the Director General, West Bengal Fire and Emergency Services would take further endurance test. The petitioners claim that pursuant to the above order they were recruited in the post of Auxiliary Fire Personnel and are serving in the said post till date.