Extracted from the PDF above. The PDF is authoritative.
7
09-12-2025 AKG Ct. 15
WPA 25383 of 2025 Firoz Khan Vs. The State of West Bengal & Ors. Mr. P. Mukherjee, Mr. N. K. Das, Mr. Samrat Banerjee
…for the Petitioner Mr. Debnarayan Banerjee, Mr. Kaustava Bhattacharyya …for the State
It is the grievance of the petitioner that he was engaged as a pump operator under the Mayureswar Gram Panchayat. He further submits that he was regularly paid remuneration by the Panchayat for the period from December 24, 2023, to January 28, 2025, at a monthly rate of Rs. 12,000/-. However, without any explanation, the petitioner was suddenly de-engaged from his service. Learned counsel for the petitioner, by referring to a letter dated January 17, 2025, addressed to the Block Development Officer, Mayureswar–II Development Block, by the Assistant Engineer-III, Central Mechanical Division, Public Health Engineering Directorate, Suri, Birbhum, submits that the said letter sought intervention from the Block Development Officer. In response, by a letter dated August 20, 2025, another individual was engaged in place of the petitioner as pump operator. The petitioner contends that his service could not be
2 terminated without affording him an opportunity of hearing or initiating any proceedings, thereby amounting to a violation of the principles of natural justice. He accordingly seeks interference with the respondents‟ actions. A report has been filed by the Executive Engineer, Bolpur Mechanical Division, Public Health Engineering Department, which reads as follows:
“1. The operation of the pumping machinery in all pump houses of „Augmentation of Mayureswar piped water supply scheme‟ is being carried out from the Bolpur Mechanical Division of the Public Health Engineering Directorate through engagement of contractors selected via an e- tendering procedure. 2. Work orders are awarded to successful bidders, typically for a period of one year. The contractors, in turn, engage labourers for the operation of the pumping machinery. 3. Firoz Khan was engaged by the executing agency “M. S. Enterprise” as a daily labourer for operation of water pumps at the terms and conditions of the agency. 4. Whatever prayers / applications / recommendations for engagement are received from different ends are normally informed to the engaged agency for his / her consideration without any recommendations from this end. 5. It is submitted that no individual has been provided with any permanent, temporary, or contractual employment by the Public Health Engineering Department, Govt.
of West Bengal for the operation of the said pump houses.”
It is, therefore, abundantly clear that the petitioner had no employer–employee relationship with the Panchayat. He
3 was engaged by the contractor on a purely temporary basis, and only his payment was disbursed through the Panchayat. In view of the foregoing, there is no scope to attribute any fault to the concerned Panchayat. Accordingly, WPA 25383 of 2025 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)