Sailen Samanta vs The State Of West Bengal & Ors
2023 Latest Caselaw 6365 Cal

21.09.2023            IN THE HIGH COURT AT CALCUTTA
 DL-107              CONSTITUTIONAL WRIT JURISDICTION
   (PP)                    APPELLATE SIDE
                          WPA 12533 of 2023

                           Sailen Samanta
                                 Vs.
                   The State of West Bengal & Ors.

                   Mr. Srinjay Sengupta,
                   Mr. Sourav Roy,
                   Mr. Narattam Acharyya,
                   Mr. Ankush Ghosh
                                               ....for the petitioner.
                   Ms. Deblina Chattaraj,
                   Ms. Angana Dutta
                                                     .....for WBTCL.
                   Ms. Tuli Sinha
                                                     ....for the State.

                  Additional   Report-on-Affidavit   and   exception

             thereto as filed in Court today are retained with the

             records.

                  Mr. Sengupta, learned counsel appearing on

             behalf of the petitioner submits that even though in

             the Report-on-Affidavit filed on behalf of West Bengal

             Transport Corporation Limited (WBTCL) affirmed on

             August 1, 2023, it appears that the 1st CAS benefits

             have been given to the petitioner from October 1,

             1996 and the 2nd CAS benefits have been given to the

             petitioner from October 1, 2002, no supporting

             evidence has been produced by the respondent

Corporation corroborating such statements. He

submits that the petitioner did not get the benefits of

either 1st or 2nd CAS benefits.

Admittedly, it is settled today that the employees

of WBTCL were eligible to get two CAS benefits.

Relying on the judgment passed by the Hon'ble

Division Bench in APO No.139 of 2021 vide judgment

dated July 22, 2022, he further submits not only the

petitioner is eligible for two CAS benefits but the

petitioner is also eligible for grant of third CAS

benefits.

Ms. Chattaraj, learned counsel appearing on

behalf of WBTCL submits that the petitioner had

already been granted the benefits of two CAS in

accordance with the Memorandum dated June 21,

1990. Till such time the Principal Secretary, Finance

Department approves of the 3rd CAS benefits, the

petitioner shall not be entitled to the same.

Considering the rival submissions of the parties

and the materials placed on record, this Court is of

the view that further documents are required to be

produced by both the parties in order to assess

whether or not the benefits of the 1st and 2nd CAS

have been granted to the petitioner from the dates

recorded hereinabove.

Let the matter appear for further consideration

under the same heading "Motion" on November 29,

2023.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)