17.07.2026. Item No. 21. Court No. 13 ap F.M.A. 1247 of 2025 With I.A. No. CAN 2 of 2024 And I.A. No. CAN 3 of 2026 Ranjit Sarkar & Ors. Versus The State of West Bengal & Ors. Mr. Biswaroop Bhattacharya, Mr. Pratik Majumder. ….For the Appellants. Mr. D.N. Ray, Ld. Government Pleader, Mr. Sahasrangshu Bhattacharya, Ld. AGP, Ms. Mary Datta. …For the State. Mr. Amitava Chaudhuri, Mr. N. Roy. …For the University. Re: CAN 3 of 2026 (Substitution) 1. This is an application for substitution of the deceased original appellant no.11, namely, Parul Bala Biswas, who died on 31st August, 2024. 2. Let the legal heirs of Parul Bala Biswas, namely, Swapan Biswas, Kalpana Ghosh and Aparna Sarkar (Biswas) be substituted in place and stead of the original appellant no.11 for claiming benefits of their mother. 3. The legal heirs shall make a formal application before the University and the University shall take steps in accordance with the applicable Rules and Laws. 4. Since the application for substitution has been filed within time, the abatement of the appeal against 2 the original appellant no.11, if any, shall stand set aside. 5. The Registry of this Court shall carry out necessary amendments in the cause title. 6. With the aforesaid directions, CAN 3 of 2026 shall stand disposed of. Re: FMA 1247 of 2025 in CAN 2 of 2024 7. Several orders have been passed in this appeal by the Co-ordinate Benches of this Court. The upshot of all the orders is to ensure consolidated remuneration to all the appellants in the line of all Circulars of the State Government issued subsequent to and in aid of Circular No. 9008 dated 16th September, 2011. 8. It is an admitted position as recorded by the Single Bench that Kalyani University is an autonomous body and the Circulars of the State Government are not ipso facto applicable to the employees of the Hostels and the Messes run by the private entrepreneur contractor. 9. It is also an admitted position that the Governing body of Kalyani University has, from time to time with the due approval of the Finance Department of the State, adopted resolutionS in line of the Memoranda issued from time to time by the State in aid of the 9008-F(P) dated 16th September, 2011, 20th May, 2013, 8th February, 2019 and 15th July, 2019. 10. The remuneration being paid to the 19 writ petitioners all of whom appear to be receiving 3 remuneration as set out in paragraph 40 of the impugned judgment dated 12th September, 2023. 11. This Court is in complete agreement with the views of the Single Bench that the petitioners, who are engaged by the Contractors and/or Mess Committees are not the employees of Kalyani University. There are not engaged in any sanctioned posts. There is no rule or process or terms and conditions of engagement or prescribed qualification therefor. They are randomly engaged by the contractors to run the Messes in Hostels of the University. 12. While it may be argued that a Mess and Hostel is an integral part of the University on the line of certain decisions of the Hon’ble Supreme Court of India, inter alia, in the case of G.B. Pant University of Agriculture and Technology, Pant Nagar, Nainital, vs. State of U.P. reported in (2000) 7 SCC 109, the facts of the case are quite different herein. The petitioners appear to be far better placed are getting the benefits of consolidated remuneration on the lines of the Circular originating and in the parent Circular dated 16th September, 2011. The monthly remuneration of the appellants are as follows:- Sl. No. Names Consolidated Monthly Pay (Rs.) 1. Gopal Das 19,500/- 2. Imadadul Mondal 17,000/- 3. Moni Mandal 17,850/- 4 4. Ranjit Sarkar 19,500/- 5. Santosh Pal 19,500/- 6. Gopal Pal 19,200/- 7. Gobinda Majumder 19,500/- 8. Swapan Sarkar 19,500/- 9. Ashim Rajib 19,500/- 10. Gopal Barai 17,700/- 11. Sandhya Rani Sarkar 17,850/- 12. Anjali Mondal 15,500/- 13. Mina Barai 15,350/- 14. Puspa Das 15,350/- 15. Niva Mistri 15,350/- 16. Parul Bala Biswas 18,000/- 17. Anjana Sarkar 16,850/- 18. Bacchu Sil 17,850/- 19. Silpi Roy 15,350/- 13. The aforesaid remuneration appears to be substantial for a contractual employee. On reaching the age of superannuation i.e. 60, they would also get the consolidated severance pay of Rs.2,00,000/- (Rupees two lakhs only). 14. Indeed it is true that even the wages being paid to contractual workers under the State have been revised post 2019 in 2024 and 2025 based on the parent Circular on 16th September, 2011. 15. Kalyani University may in its wisdom and depending upon its financial health and the sanction 5 in that regard by the State, adopt subsequent Memoranda of the State as indicated hereinabove. 16. It is clarified that the cases of five appellants, who claim that they have not got the benefit given to the appellant nos.1 to 7 shall be examined by the University, on the lines of the first Memoranda dated 20th May, 2013 of the State as adopted by the University and have been adopted by the University. 17. With the aforesaid observations, F.M.A. 1247 of 2025 shall stand disposed of. 18. In view of disposal of the appeal itself, the connected application being CAN 2 of 2024 shall also stand disposed of. 19. There will be no order as to costs. 20. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)