IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present :- Hon’ble Justice Amrita Sinha WPA 11520 of 2025 Prokash Mandal & Anr.

Vs.

The State of West Bengal & Ors.

With WPA 12010 of 2025 Sisir Biswas & Ors.

Vs.

The State of West Bengal & Ors.

With WPA 12011 of 2025 Somenath Mondal & Ors.

Vs.

The State of West Bengal & Ors.

For the writ petitioners :- Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.

Mr. Sudipta Dasgupta, Adv.

Mr. Bikram Banerjee, Adv.

Mr. Baibhav Roy, Adv. Mr. Arindam Sit. Adv.

(in WPA 11520 of 2025)

Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.

Mr. Firdous Samim, Adv.

Ms. Gopa Biswas, Adv. Ms. Payel Shome, Adv.

Ms. Swati Dey, Adv.

Mr. Saikat Mallick. Adv.

(in WPA 12010 of 2025 & WPA

12011 of 2025)

For State :- Mr. Kishore Datta, Ld. AG.

Mr. Somnath Ganguly, AGP.

Ms. Pratiti Das, Adv.

Mr. Debanjan Mondal, Adv. Mr. Sandip Dasgupta, Adv. Ms. Mahima Cholera, Adv.

Mr. Deepan Sarkar, Adv.

Ms. Deepti Priya. Adv.

(in WPA 11520 of 2025)

Mr. Kishore Datta, Ld. AG. Mr. Swapan Banerjee, AGP.

Ms. Sumita Shaw, Adv.

Mr. Diptendu Narayan Banerjee, Adv.

Mr. Debanjan Mondal, Adv. Mr. Sandip Dasgupta, Adv. Ms. Mahima Cholera, Adv.

Mr. Soumen Chatterjee. Adv.

(in WPA 12010 of 2025 &

WPA 12011 of 2025)

Heard on :- 09.06.2025 (WPA 11520 of 2025)

13.06.2025 (WPA 12010 of 2025 &

WPA 12011 of 2025)

Judgment on :- 20.06.2025 Amrita Sinha, J.:-

1. West Bengal Livelihood Social Security Interim Scheme, 2025 is under challenge in all the three writ petitions. The grounds of challenge and the defence of the State are more or less the same in all the cases. The petitioners pray for interim order. Their prayer for interim order is disposed of by this common judgment.

2. Notification being no. Labr-58/2025/(LC-LW/MW) dated 15th May, 2025 by the Secretary, Government of West Bengal, Department of Labour lays down the Scheme.

3. The recitals of the Scheme mention that the same is meant to provide limited livelihood support and social security on humanitarian grounds on purely temporary basis to the distressed families of non teaching staff in Group C and Group D categories recruited through the 2016 selection process conducted by the West Bengal Central School Service Commission and who lost their jobs and salaries consequent to the Court proceedings.

4. The Scheme benefits the distressed family which means the immediate family of any non teaching staff in Group C or Group D category recruited through the 2016 selection process conducted by the West Bengal Central School Service Commission.

5. As per the Scheme an eligible non teaching staff in Group C and Group D category, belonging to a distressed family, shall be entitled to receive cash assistance of rupees twenty-five thousand and twenty thousand per month respectively as livelihood support for the family due to sudden unemployment and/or on humanitarian grounds with effect from 1st April, 2025.

6. The Scheme mentions that consequent to the judgment dated 3rd April, 2025 passed by the Hon’ble Supreme Court in Civil Appeal No. 4800 of 2025 (State of West Bengal vs. Baishakhi Bhattacharya & Ors.) several thousand persons have been rendered jobless overnight which has affected their right to life and livelihood.

7. The notification mentions that the Group C and Group D staff were employed by the State but terminated under order of Court. The State considered it to be its duty to take appropriate measures to ensure that such persons are not deprived of their right to preservation of life overnight and such persons have a minimal amount of time to make suitable alternative arrangements to ensure their livelihood.

8. The Scheme mentions about pendency of the review petitions filed by the State Government along with the Central School Service Commission before the Hon’ble Supreme Court seeking review of the judgment dated 3rd April, 2025 passed in Civil Appeal No. 4800 of

2025.

9. The State formed an opinion to provide support by way of interim relief until final adjudication of the review petition or appropriate application