JUDGMENT :

PARTHA SARATHI SEN, J.

1. By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate Writ/Writs against the respondent authorities, more specifically against the respondent no.5 authority commanding him to rescind and/or cancel and/or set aside the reasoned order dated 13.09.2021 whereby and whereunder the said respondent no.5 authority declined to consider the writ petitioners’ representation for higher remuneration and benefits.

2. By filing the instant writ petition, the writ petitioners have also prayed for issuance of appropriate Writ/Writs against the respondent authorities commanding them to pay similar scale of pay and other benefits, as have been disbursed to the Assistant Engineers/Sub-Assistant Engineers engaged through ‘RANDSTAD’.

3. At the time of hearing, learned advocate appearing on behalf of the writ petitioners, at the very outset, draws the attention of this Court to page nos.28 and 29 of the instant writ petition (Annexure – P1) being a copy of the Memo dated 08.12.2014, as issued by the respondent no.5 authority to the respondent no.7 authority. It is submitted that from the said Memo dated 08.12.2024 it would reveal that the Governor of West Bengal was pleased to accord the necessary approval to the respondent no.7 authority to deploy the suitable candidates as per the eligibility criteria for rendering their services in the different offices/establishments under P.W.D. authority.

4. Drawing attention to page nos.30 and 31 of the instant writ petition (Annexure – P2), being a copy of another Memo dated 08.12.2024, as issued by the respondent no.5 authority in favour of the Pay and Accounts Officer, Kolkata Pay and Accounts, it is argued that from the said Memo it would reveal further that the respondent/State has agreed to pay certain amount together with service tax to the respondent no.7 authority towards payment of remuneration against deployment of the individuals (writ petitioners herein) in the different Departments of P.W.D.

5. At this juncture, drawing attention of this Court to the order dated 19.01.2021, as passed by a Co-ordinate Bench of this Court in W.P.A. 10202 of 2020 it is submitted that in an earlier round of litigation, the said Coordinate Bench while considering the similar prayer of the writ petitioners, directed the respondent no.5 authority to pass a reasoned order with regard to the claim of the writ petitioners regarding similarity of pay and benefits, as have been disbursed to the Assistant Engineers working under P.W.D.

6. At this juncture, attention of this Court is further drawn to the copy of the reasoned order dated 13.09.2021 as have been annexed at page nos.114 to 116 of the instant writ petition, as passed by the respondent no.5 authority and as impugned in this writ petition.

7. It is submitted that the respondent no.5 authority while passing the impugned reasoned order has failed to consider the genuine grievance of the writ petitioners inasmuch as the said respondent no.5 authority did not consider at all that the present writ petitioners, who have been deployed through ‘Webel’ practically stands in the same footing with the Assistant Engineers/Sub-Assistant Engineers, who have been engaged through another external agency that is ‘RANDSTAD’.

8. It is further submitted that in the said impugned reasoned order practically has no reason has been assigned for depriving the writ petitioners with regard to their claim regarding parity of remuneration and other benefits in comparison to the pay and other benefits as have been disbursed to the Assistant Engineer/Sub-Assistant Engineer engaged through ‘RANDSTAD’. It is further submitted that the respondent no.5 authority has thus committed serious error of law as well as of fact thereby depriving the writ petitioners from getting equal amount of remuneration and other benefits as have been paid to the Assistant Engineers/Sub-Assistant Engineers engaged through ‘RANDSTAD’.

9. It is thus su