Citation : 2026 Latest Caselaw 527 Cal/2
Judgement Date : 4 February, 2026
OD-3
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/325/2025
ROHAN NANDY AND ORS
VS
THE STATE OF WEST BENGAL AND ORS
BEFORE:
The Hon'ble JUSTICE SAUGATA BHATTACHARYYA
Date: 4th February, 2026.
Appearance:
Mr. Debdutta Basu, Adv.
Ms. Soumalika Nandan, Adv.
.... for the petitioner
Mr. Santanu Kumar Mitra, Adv.
Mr. Amartya Pal, Adv.
...for the State
Mr. Nayan Chand Bihani, Sr.Adv.
Mr. Niladri Bhattacharjee, Adv.
Mrs.Poulami Chattopadhyay, Adv.
...for West Bengal Transport Corporation
1. The Court: Matter is heard in presence of the learned advocates
representing the petitioners, West Bengal Transport Corporation
Limited and State Respondents.
2. In the writ petition, petitioners have questioned the communication
dated 20th September, 2023 by the Additional Secretary to the
Government of West Bengal, Transport Department addressed to the
concerned Authorities of State Transport Undertakings, thereby
clarifying that Finance Department memo dated 2 nd February, 2019
being applicable only to the contractual/casual/daily rated workers
engaged in various Government Establishments who have been
brought under the purview of Finance Department memo dated 16 th
September, 2011 and same shall not be applicable in cases of
contractual/casual/daily rated workers of different State Transport
Undertakings who are engaged directly by the State Transport
Undertakings.
3. It is contended on behalf of the petitioners in reference to order dated
15th February, 2024 issued by the Joint Managing Director, West
Bengal Transport Corporation at page 101 of the writ petition that the
similarly circumstanced other contractual/casual/daily rated workers
are accorded benefits with effect from 1 st January, 2024 following
order dated 8th February, 2019 of the Finance Department,
Government of West Bengal and order dated 19 th September, 2019 of
the Transport Department, Government of West Bengal. Therefore,
petitioners are entitled to receive similar benefits.
4. Issue needs to be decided on exchange of affidavits.
5. Let affidavit-in-opposition to this writ petition be filed by four weeks
from date. Reply thereto, if any, be filed within two weeks thereafter.
6. The petitioner shall be at liberty to mention the matter before the
appropriate Bench for hearing after the time fixed hereinabove for
exchanging affidavits.
(SAUGATA BHATTACHARYYA, J.)
TR/
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