22.04.2025 IN THE HIGH COURT AT CALCUTTA Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 22 Appellate Side Moumita WPA 30829 of 2024 Chinmoy Das & Ors. Vs The State of West Bengal and Ors. Mr. Amarnath Sen Ms. Singdha Gupta …… for the Petitioner Mr. Swapan Kr. Dutta, Ld. AGP., Mr. Rajat Dutta …… for the State Affidavit-of-service, filed in court today, is taken on record. Mr. Amarnath Sen, learned advocate appears for the petitioner. Mr. Swapan Kr. Dutta, learned Senior Advocate and Additional Government Pleader appears for the state. The last order dated March 26, 2025 speaks for itself. Today when the matter has been taken up for consideration learned Additional Government Pleader submits that he has not yet received any instruction from his client, despite his efforts. Considering the issue involved in this writ petition that the petitioners being ex-service men have been working as a security guards at the Diamond Harbour Hospital and they claim their unpaid salaries with arrears. 2 Considering the issue involved in this writ petition, it appears this court that, if the issue is sent before the respondent no. 5 for his consideration by a reasoned order, the purpose of the writ petitioners shall be served for the time being. In view of the above, the petitioners shall serve a copy of the writ petition along with a copy of the order dated March 26, 2025 and a copy of today’s order upon the respondent no. 5 forthwith. The last order dated March 26, 2025 refers to a Memo bearing no. CMOH (SPC) /1330 dated February 18, 2025. Today also learned Additional Government Pleader, in his usual fairness, submits that the authority shall consider the case of the petitioners in the light of the above memo. Petitioners further submit that similarly placed persons have already received the benefits under the said memo and their salaries are being regularly paid by crediting their individual bank accounts. In view of the above, the respondent no. 5 after issuing a prior hearing notice of at least seven days to the petitioners and their learned advocate on record shall decide the issue by passing a reasoned order, in accordance with law, after granting an opportunity of hearing to the petitioners and their learned advocate on record as their authorized representative. 3 It is needless to mention that the respondent no. 5 shall consider the said memo dated February 18, 2025. In the event, it is found from records that similarly placed candidates have been paid with their salaries and have been receiving their salaries by crediting their individual bank accounts, these petitioners shall also get the identical benefits without any contrary view. In the event, it is also found that arrear salaries are to be paid the same shall also be paid to the petitioners. The entire exercise shall be carried out and completed by the respondent no. 5 positively within a period of four weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioners and the learned advocate on record within a further period of one week from the date of the said reasoned order to be passed. In the event, the reasoned order goes in favour of the petitioner then all necessary payments including the arrears shall be paid by crediting the individual bank accounts of the petitioners positively within a period of three weeks from the date of the said reasoned order to be passed, by the appropriate authority. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. 4 With the above observations and directions, this writ petition, WPA 30829 of 2024 stands disposed of, without any order as to costs. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities. (Aniruddha Roy, J.)