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Judgment
Aniruddha Roy, J
Ms. Usha Maiti, learned Advocate appears for the petitioner.
Mr. Jahar lal De, learned Additional Government Pleader with Mr. Shamim ul Bari, learned Advocate appears for the respondents State.
The solitary grievance of the petitioner is that, the petitioner being a Contractual Group – C worker has not received the benefits in terms of the Government Memorandum dated September 16, 2011, Annexure-P4, at page 18 to the writ petition along with other relevant notifications. The petitioner submits that, similarly placed persons have received the benefits.
In view of the above, the petitioner shall serve a copy of the complete set of the writ petition along with a copy of today’s order upon the respondent no.3 forthwith.
The respondent no.3 then upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall decide the issue by passing a reasoned order in the light of the case made out in the writ petition.
The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of six weeks from the date of communication of this order.
The reasoned order shall be served upon the petitioner positively within a further period of one week from the date of the said reasoned order to be passed.
It is made clear that this Court has not gone into the merits of the contentions and rival contentions of the parties and the respondent no.3 shall be free to decide the issue strictly in accordance with law but the same shall not travel beyond the scope of this writ petition.
In the event the reasoned order goes in favour of the petitioner the appropriate authority/authorities shall give an immediate effect thereto positively within a period of four weeks from the date of the said reasoned order to be passed.
It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim before the respondent no.3, strictly in accordance with law.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition, WPA 17017 of 2025 stands disposed of, without any order as to costs.
The parties are to act on the server copy of this order duly downloaded from the official website of this Court.