22.05.2025 Item No.07 BR WPA 10988 of 2025 Sushil Shikary and others -vs- State of West Bengal and others Mr. Sayantan Adhya, Mr. Parvej Alam … for the petitioners Mr.Alok Kumar Ghosh, Mr. Arijit Dey (virtual) … for the K.M.C. Affidavit of service filed by the petitioner be kept with the record. The present writ application has been preferred praying for direction upon the respondents to withdraw the impugned order dated 24.12.2024. It is the case of the petitioners that they stand on the same footing as the writ petitioner, Uttam Kumar Mondal in WPA 22644 (W) of 2011 and as such pray that they may also be extended the same benefit which was granted to the petitioner, Uttam Kumar Mondal vide the High Court’s order dated 22.4.2012. It appears from the order under challenge that the Director of Employment 2 has again taken the point of the petitioner being under age at the time of being empanelled. Learned counsel for the petitioners submits that in compliance of the direction of the Hon’ble Division Bench in MAT 1080 of 2024 and 1083 of 2024, the petitioner has produced further documents which have been annexed at pages 26 to 34 of the writ petition relating to the three writ petitioners. It is seen that the said documents are identity cards issued to the petitioners herein as enumerators and letters of appointment as enumerators. In spite of producing the said documents, the Director of Employment did not consider the said document as valid documents of experience, though the said documents clearly show that the petitioners have prima facie experience as census enumerators and as they had experience at the relevant time, the point of being under age is not substantiated as the identity cards are of the year 1990. It appears that the petitioners herein appear to be on the same footing as the writ petitioner Uttam Kumar Mondal in WPA 22644(W) of 2011. The said documents being the admit cards as census enumerators was issued 2 3 after due verification of the requisite certificates produced by the petitioners. In view of the said observation the findings of the Director of Employment that the application for enrollment under exempted category was considered due to no experience certificate is also not substantiated. Thus the two grounds as put down by Director of Employment in the letter under challenge dated 24.12.2024, one of requisite experience certificate and one of being under age are both not substantiated on the basis of materials on record and it appears that Director of Employment in spite of several directions passed by the Court is continuing to raise the issues which have already been decided and settled by the High Court in WPA 22644(W) of 2011 (Uttam Kumar Mondal –vs- State of West Bengal and others ), in spite of there being specific directions and observations of the High Court relating to the same points/issues. One of, the experience certificate and one of being under age. Both the points which have been duly met by the petitioners herein, but the Director of Employment is continuing to put his objection which are clearly not in accordance with law and accordingly are 3 4 set aside, both in respect of experience and age. Accordingly, the respondent no. 5, the Chairman, West Bengal Staff Selection Commission is directed to forthwith empanel the petitioners if they have otherwise succeeded in the selection process and to give them appointment as per their turn in the panel, if there are any available vacancies and the petitioner is otherwise eligible and has qualified, the appointment shall positively be given forthwith. It is clarified that the petitioners shall not be treated as ineligible on the ground of his age at the time of his initial appointment as census enumerator Uttam Kumar Mondal (supra ). Nor lacking in experience as has been observed in this order. As a consequence of the above directions, the order dated 24.12.2024 issued by the Director of Employment challenged in the writ petition is thus cancelled and set aside. Writ application being WPA 10988 of 2025 stands disposed of. Urgent certified photostat copy of this order, if applied for, be supplied to the learned advocates appearing for the parties, 4 5 subject to compliance with all requisite formalities. ( Shampa Dutt (Paul), J. ) 5