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IN THE HIGH COURT OF CALCUTTA
Krishna Rao, J.
Subhasis Chakraborty - Appellant
Versus
State Of West Bengal And Others - Respondent
WPA No. 8486, 8498, 8500, 8502, 8507 of 2020
Decided On : 07-04-2022
Enhancement of Financial Benefits - Contractual Workers - Memorandum No. 28.05.2013, 06.12.2013, 25.02.2016, 08.02.2019
Fact of the Case:
The petitioners were engaged as Block Coordinators under the Sakshar Bharat Mission on a contractual basis. Their monthly remuneration was initially set at Rs. 6,000 and was extended from time to time. The petitioners sought enhancement of their monthly salary in accordance with the revised memorandums issued by the Government, but their requests were not considered.
Finding of the Court:
The court found that the petitioners were continuously working as contractual workers and were entitled to the enhanced financial benefits as per the memorandums issued by the Government. The court directed the respondents to grant the benefit of enhancement of financial and other benefits to the petitioners within four weeks.
Issues: The main issue was whether the petitioners, engaged as contractual workers, were entitled to the enhanced financial benefits as per the revised memorandums issued by the Government.
Ratio Decidendi: The court held that the petitioners, who were continuously working as contractual workers, were entitled to the enhanced financial benefits as per the memorandums issued by the Government, and directed the respondents to grant the benefits to the petitioners within a specified period.
Final Decision: The writ petitions were allowed, and the respondents were directed to grant the benefit of enhancement of financial and other benefits to the petitioners within a period of four weeks from the date of communication of the order.
JUDGMENT
Krishna Rao, J. - all the writ petitions have been taken together as the grievance of all the petitioners are similar.
In all writ petitions, the petitioners have prayed for grant of benefits in terms of the Government Orders dt. 16.09.2011, 20.05.2013, 25.02.2016 and 08.02.2019 read with Government Order dt. 28.02.2019.
In W.P.a No. 8486 of 2020 (Subhasis Chakraborty -vs- the State of West Bengal) the Officer in Charge, Mass Literacy Programme Cell, Suri, Birbhum had sent a letter dt. 27.05.2016 to the Block Development Officer for engagement of two coordinators on contract basis for the implementation of Sakshar Bharat Mission. as per the requisition of Mass Literacy Programme Cell, the Block Development Officer had invited applications from eligible candidates for engagement on contractual basis of coordinator for implementation of Sakshar Bharat Mission. The petitioner had applied for the said post and accordingly, the petitioner was selected for the post of Coordinator at Rajnagar Block under Sakshar Bharat Mission on contract basis at Rs. 6,000/- per month vide letter dt. 28.02.2011. The petitioner had reported duty on 03.03.2011. after the engagement of the petitioner as Block Coordinator, the appointment of the petitioner was extended from time to time.
The writ petitioner in WPa No. 8498 of 2020 namely, Chinmoy Goswami was engaged as Coordinator at Khoyrasole Development Block and has reported his duty on 16.08.2011 and the appointment of the petitioner was extended from time to time.
The writ petitioner in WPa No. 8500 of 2020 namely Partha Mondal was engaged as Coordinator on 09.02.2011 at Rampurhat-I Development Block and the same was extended from time to time.
The writ petitioner in WPa No. 8502 of 2020 namely, Sajal Kumar Ghoshal was engaged as Coordinator on 01.09.2015 under Mayureswar-I Development Block and the same was extended from time to time.
The writ petitioner in WPa No. 8507 of 2020 namely, Partha Mondal was engaged as Coordinator on 01.02.2011 at Mayureswar-II Development Block and the same was extended from time to time.
The audit Branch of Finance Department of the Government of West Bengal had issued a Memorandum No. 9008-F(P) dt. 16.09.2011 wherein it is mentioned that, 'after careful consideration of the matter and in supersession of Memorandum no. 2966-F(P) dt. 23.04.2010 and Memorandum no. 11794-F(P) dt. 22.12.2010 and all other orders issued by the departments in the matter, the undersigned is directed by order of the Governor to say that the casual/daily rated/contractual workers who are remaining attached to the various establishments of the Government Department/Directorates/Regional Offices/other organizations for not less than 10 years continuously as on 01.08.2011 and have rendered service for atleast 240 days each year will be allowed with the benefits as mentioned in the said Memorandum.
On 20.05.2013 the Finance Department of Government of West Bengal had issued a Memorandum No. 4011-F(P) wherein it is mentioned that;
'aafter careful consideration of the matter and in modification of Memo No. 9008-F(P) dt. 16.09.2011, the undersigned is directed by order of the Governor to say that the Governor has not been pleased to enhance the remuneration of the Casual/Daily Rated/Contractual Workers as follows:-
'Casual/Daily Rated/Contractual Workers
In Group 'D' category
Less than 10 years | Rs. 7,000/- p.m. |
More than 10 years | Rs. 8,500/- p.m. |
In Group 'C' category
Less than 10 years | Rs. 8,500/- p.m. |
More than 10 years | Rs. 11,000/- p.m. |
The number of years of engagement will be determined as on 01.04.2013. all other terms and conditions will same as in Finance Department's Memo No. 9008-F(P), dated 16th September, 2011.
This order will be effective from 01.05.2013.'
On 06.12.2013 the Panchayat and Rural Development, Government of West Bengal had issued an order vide no. 6077-RD-Block/5M-7/2011(Pt.I) wherein the remuneration of the Casual/Daily Rated/Contractual Workers who have remain engaged in Block Offic
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