Ganesh Jana vs State Of West Bengal & Ors
2021 Latest Caselaw 329 Cal

20-01-2021
 ct no. 13
  Sl.51
    sp

                            WPA 11599 of 2020

                               Ganesh Jana
                                -Versus-
                       State of West Bengal & Ors.


             Mr. Uttam Kumar Mazumder,
             Mr. Bhaskar Seth,
             Mr. Debashis Kundu
                                  .... for the petitioner




                    The petitioner was working as caretaker-

             cum-night guard on daily wage basis of State of

             Cashewnut        and    Horticulture    Research     and

             Development Farm, Digha, Purba Medinipur. He

             claims that he has been engaged since 2012. A

             letter to this effect issued by the Agricultural

             Development          Officer   (Cashewnut),         State

             Cashewnut        &     Horticulture     Research     and

             Development Farm, Digha, Purba Medinipur has

             been annexed to the writ application. It is not

             known whether the Agricultural Development

             Officer    has    any    authority     to   issue   such

             certificate.

                    Be that as it may, since the petitioner only

             claims that he has been working as a casual

             worker, there is no enforceable right that he has
                       2




against the State to continue in such post or

position.

       The Government has, pursuant to a policy

decision, engaged private security contractors

all over the State for different establishments of

the Directorate of Horticulture.        There is one

post of caretaker and night guard reserved for

the State Cashewnut & Horticulture Research

and     Development       Farm,       Digha,   Purba

Medinipur. The post is required to be manned

by    armed   personnel    as   evident    from     the

communication dated December 2, 2020 at page

35 of the writ application.

       The policy decision of the State cannot be

interfered with in the light of the facts of the

case. The petitioner always knew that his

engagement is casual in nature and hence no

relief can be granted to the petitioner.

       It is submitted that the petitioner is

withholding the keys and access to the said

cashewnut     farm.   Since     the    petitioner    is

wrongfully withholding such keys, no relief can

be granted in the instant writ petition.

       However, if the petitioner hands over the

keys of the farm to the respondent no. 6 within

seven days from date, he shall be entitled to

make representation to the State and/or to the

concerned Department and/or Directorate, for

claiming any benefit under any State guidelines

or scheme or circular for absorption in the

service in accordance thereof.

With the aforesaid directions, the instant

writ petition is disposed of.

There shall, however, be no order as to

costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)