Ct-08 The State Of West Bengal & Ors vs Satya Ranjan Das & Ors
2023 Latest Caselaw 7068 Cal

07      12.10.2023                   FMA 3625 of 2015

Ct-08                             The State of West Bengal & Ors.
                                                Vs.
                                     Satya Ranjan Das & Ors.


ar                        1. The parties are not represented nor any

                     accommodation is prayed for on behalf of the

                     parties.

                          2. The appeal had appeared in the warning

                     list of cases on and from 19th September, 2023

                     with a clear indication that the said matter shall

                     be   transferred     to    the     Regular     Bench   on

                     6.10.2023.      The       appeal    was   appeared     on

                     6.10.2023 and is again listed today.              All the

                     parties have sufficient notice about the listing of

                     the matter before the Regular Bench on and from

                     6th October, 2023.

                          3. The appeal was filed on 20.8.2015. The

                     record shows that no attempt has been made to

                     move this appeal after it was filed. No step has

                     been taken to serve notice and prepare paper

                     books. It clearly shows that the appellants are

                     not interested to proceed with the appeal.

                          4. The writ petitioners were appointed as

                     Cook, Sweeper, Helper, Assistant Helper and

                     Kitchen Attendant in the hostel of Mahishadal

                     Girls' College, Purba Medinipur. Petitioners were

                     recruited in accordance with Recruitment Rules
                    2




and upon observing all the procedures and

formalities      prescribed      under   the      Statute.

Principal of Mahishadal Girls' College issued

appointment letter to all the petitioners.             Their

pay fixations were also made.               They were

continuing        in     their      respective         posts

uninterruptedly and they were also working in

the hostel. Appointments of the petitioners have

already been approved by the Government of

West Bengal.        Uniform service conditions are

followed and made applicable as per Memo no.

1583(100)-Edn.(U) dated 19th October, 1981.

Although, the petitioners were appointed in

terms of Memo dated 19th October, 1981 but as

per circular dated 14th February, 2000 issued by

the Joint Secretary, Government of West Bengal

revised    pay     fixation   was    made        and    the

petitioners were drawing the revised pay scale

from the respondents month by month and they

were coming under the pay bracket of regular

Group 'D' staff of the college.

5. The writ petition was filed by the

petitioners claiming that they should be given

regular status of permanent Group 'D' employees

and they were also liable to get the scale of pay

and other service benefits as admissible under

Rule like Group 'D' employees.

6. The writ petitioners contended before the

learned Single Judge that they were appointed

through proper selection process and their pay

fixation was made and subsequently benefit of

revision of pay fixation was also given.

7. Learned counsel for the petitioners before

the learned Single Judge relied upon the decision

of the Hon'ble Supreme Court in the case of G.B

Pant University of Agriculture & Teahnology

Vs. State of U.P & Ors., reported in 2000(7)

SCC 109 and submitted that in terms of the

aforesaid judgment the employees of the hostel

and/or mess should be treated as employees of

the University and they are non-teaching staff of

the college.

8. Learned Single Judge on the basis of the

materials on record arrived at a finding that the

writ petitioners were working as hostel/mess

employees and they were selected through proper

selection process. Appointment letters were

issued by the Principal of the college at the

relevant point of time. The writ petitioners are in

continuous service. They pay fixation was made

immediately after their appointment. They were

given benefit of revised pay fixation pursuant to

Government Memo dated 14th February, 2000. It

is evident that the writ petitioners who were

given revised pay scale and other dues as

Government employees, but did not get the

status of regular Government employees. Clause

'8'of circular dated 14th February, 2000 reads as

follows:-

"The employees of hostels/messes shall be entitled to the benefit of General Provident Fund and Pension Scheme with effect from 1st February, 2000."

9. Since the petitioner were treated as

regular employees by the College authorities and

they were given pay fixation as per Government

circular as was available to Group 'D' employees

of the College. The issue of giving regular status

to these types of employees has already been

decided before this Hon'ble Court. One of such

case is reported in 1996 CWN 237 (State of

West Bengal Vs. Sreedam Sarkar & Ors.).

10. We have considered the judgments of the

Hon'ble Supreme Court and our Court and we

find that the ratio of the judgments is squarely

applicable to the petitioners.

11. Under such circumstances, we do not

find any reason to interfere with the order passed

by the learned Single Judge. We presume that

by this time the order has already been

implemented as the State had not pursued the

appeal. They have filed the appeal without any

intention to do the appeal.

5. In view of the above, the appeal is

accordingly dismissed.

(Uday Kumar,J.)                  (Soumen Sen, J.)