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2013 Supreme(Cal) 554

PRANAB KUMAR CHATTOPADHYAY, MURARI PRASAD SHRIVASTAVA
Bharatiya Janata Party – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocate Appeared:
For the Petitioners:K. Chanda, Mrs. D. Bharadwaj, Debajyoti Adhikari, Ms. Sumitra Das, C.R. Panda, Bimal Kr. Moitra, S.K. Nath, Asis Sanyal, Sourabh Guha Thakurta, Arnab Roy, Bikash Ranjan Bhattacharya, Samim Ahammed, Abhijit Kumar Chowdhury, Pinaki Bhattacharya, Advocates.
For the Respondents:Jayanta Kumar Mitra, Tapan Kumar Mukherjee, Mrs. Debjani Roy, Nilotpal Chatterjee, Bimal Kr. Chatterjee, Ld. Adv. General, Md. Hasanuz Saman, R4, Md. Galib, Raj Sekhar Basu, Advocates, Somnath Bose, Union of India.

JUDGMENT

Pranab Kumar Chattopadhyay, J.

The Constitutional validity of the decisions of the Govt. of West Bengal to grant honorarium to the Imams and Muazzins of different Mosques in the State of West Bengal has been challenged in these writ petitions which have been filed as Public Interest Litigation before this court.

All these writ petitions involve similar facts and identical questions of law. Therefore, the writ petitions were heard analogously and are being disposed of by this common judgment.

In all these writ petitions legality, validity and propriety of the memorandum dated 9th April, 2012 issued by the Department of Minority Affairs & Madrasah Education, Govt. of West Bengal has been challenged whereby the State Government has offered to give honorarium of Rs. 2,500/- per month to Imams through Wakf Boad. Challenge has also been made to the decision of the State Government to pay monthly honorarium of Rs. 1000/-to Muazzins of Mosques. In the case of payment of honorarium to the Muazzins, no government order had been issued.

From the available records, we find that the Ministers of the State Government in the Cabinet Meeting took a decision to pay monthly honorarium of Rs



















































































































































































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