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Calcutta High Court · body

2025 DAILYLAW 1015 (CAL)

SITARAM GIRI AND ANR. v. THE STATE OF WEST BENGAL AND ORS.

WPA/2271/2025 · 2026-02-13

Om Narayan Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.02.26 Sl-04 Ct.551 (S.R.) WPA 2271 of 2025 Shri Sitaram Giri & Anr. v. The State of West Bengal & Ors. Mr. Samiran Giri … for the petitioners. Mr. Vimal Kumar Sahi, Ld. AGP Ms. Susmita Chatterjee … for the State. 1. Affidavit of service filed today in Court is taken on record. 2. Mr. Giri, learned advocate appearing for the petitioners submits that in terms of the order dated January 20, 2026 he has already been served copy of the writ petition upon the added respondents. 3. None appears for the respondent nos.10 and 11 despite service. The State respondents are represented. 4. The writ petitioners who are daily wagers complain of illegal action on the part of the respondent nos.6 to 9 in first issuing cheques for amounts more than what is payable to them towards their daily wages and then taking back the surplus sums in cash. 5. Mr. Giri, learned advocate appearing for the petitioners has invited the attention of this Court to copies of the cheques issued by the respondent no.6 in favour of the petitioners and submits that after 2 first cheques worth the amounts mentioned therein being issued by the said respondent, the petitioners have subsequently been compelled to withdraw cash from the petitioners’ bank account and pay the same to the respondent no.9. It is submitted that the petitioners being daily wagers would be happy to get their payments either in cash or cheque but the amount paid to them must be the same as reflected in their pay rolls. It is submitted that this dishonest practice of payment of money in excess of the amount mentioned in the Pay/Muster Roll through cheque to the petitioners and then claiming the same back from them upon getting the same withdrawn by the petitioners from their Bank accounts has left the petitioners unnerved. 6. It has been submitted by the petitioners that since the petitioners did not agree to the commands of the respondent nos.6 to 9 and raised protests, the petitioners have been put out of work. It is submitted that the petitioners have always been ready and willing to take only such amount as would be payable to the petitioners, in accordance with law. 7. It is further submitted that the petitioners are poor persons living below the poverty line and they have been illegally stripped of work and means of living 3 only by reason of their raising protests. 8. Heard the learned counsel appearing for the respective parties and considered the material on record. 9. Since the allegation is serious, therefore, liberty is granted to the petitioners to make appropriate representation before the Principal Chief Conservator of Forest i.e. the added respondent no.10, detailing all their grievances therein. The said authority shall then undertake appropriate enquiry to ascertain the truth in the allegations leveled by the petitioners and take appropriate decision in the matter upon giving an opportunity of hearing to the petitioners, in accordance with law. 10. If any such representation is made, the respondent no.10 shall endeavour to dispose of the petitioners’ representation as expeditiously as possible and preferably within a period of six weeks from the date of communication of this order. 11. It is submitted by Mr. Giri that direction may be passed to provide work to the petitioners who are daily wagers. While this Court cannot pass any mandatory direction of such nature, the petitioners shall be at liberty to make such prayer before the respondent no. 10 who shall be free to consider the same in accordance with law. 4 12. WPA 2271 of 2025 stands disposed of with the above observations. 13. There shall, however, be no order as to costs. 14. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.)