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2024 Supreme(Cal) 1083

DEBANGSU BASAK, PARTHA SARATHI SEN
State of West Bengal – Appellant
Versus
Ranjit Saha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sirsanya Bandopadhyay, Ld. Junior Standing Counsel Mr. Amrita Lal Chatterjee, Adv.
For the Respondents: Mr. Samim Ahammed, Mr. Arka Maiti, Ms. Saloni Bhattacharjee, Adv. Ms. Ambiya Khatun, Mr. Rahul Karmakar, Mr. Saurav Guchhait, Adv.

JUDGMENT :

Debangsu Basak, J.

1. Two appeals have been heard analogously as they involve similar issues. MAT 429 of 2024 has been directed against the order dated January 29, 2024 passed by the learned single judge in WPA 1869 of 2021 while MAT 430 of 2024 has been directed against the order dated December 18, 2023 passed in WPA 8597 of 2020. Both the appeals have been filed by the State of West Bengal and its functionaries.

2. Learned Junior Standing Counsel appearing for the appellants has submitted that, the private respondents were working as guards of the pumping stations maintained at the Gram Panchayat level. Although, the pumping equipment and the work is controlled and operated by the Public Health Engineering Department of the Government of West Bengal, none of the private respondents had been appointed by the Government or are employees of the government. He has contended that, the general maintenance and security of the pumping stations is under the concerned Gram Panchayat and for such purpose, the Public Health Engineering Department provides monthly lump-sum payment to the concerned Gram Panchayat.

3. Learned Junior Standing Counsel appearing for the appellants has conte

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