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2026 DAILYLAW 29980 (CAL)

ABHISHEK MUKHERJEE AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/16431/2026 · 2026-07-24

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.07.2026 13 sdas WPA 16431 of 2026 Abhishek Mukherjee & Ors. Vs. The State of West Bengal & Ors. Mr. Firdous Samim Ms. Gopa Biswas Ms. Ankita Ghosh Mr. Hasanuz Zaman Molla Mr. Asik Mandal .….. for the petitioners Mr. Piush Chaturvedi, Sr. Adv. Mr. Sujit Mitra ……. for the State Ms. Deblina Chattoraj Ms. Poulami Chattopadhyay ……for the Transport Corporation Limited 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioners are all contractual workers serving with the West Bengal Surface Transport Corporation Limited. Tenure of service of the petitioners is ranging from more than 10 years to over 17 years. 3. Mr. Samim, learned Advocate appearing for the petitioners, submits that the petitioners are all entitled to the benefits of the memorandums, issued by the Government of West Bengal, over a period of time from 2010 till about March 2024. 2 4. The petitioners also seek regularization of their services in terms of such memorandums. He further states that the petitioners have made their respective representations before the respondent no. 3, which is pending consideration for regularization of their services as well as for enhancement of pay in terms of the prevalent notifications. 5. Mr. Chaturvedi, learned senior Advocate and senior Government Advocate appearing for the respondents no. 1, 2 and 7, submits that his clients do not oppose the prayer of the petitioners in so far as the respondent no. 3, considering their representations to the limited extent of enhancement of pay and regularization in terms of the prevalent notifications/memorandums. 6. Ms. Chattoraj, learned Advocate appearing for the respondents no. 3 to 6, submits that the question of validity of the memorandums has been challenged and is pending consideration before a Hon’ble Division Bench of this Court. However, she fairly submits that there is no stay in the matter and affidavits have been called for. 7. It has also been informed that there are several other similarly situated contractual workers in various Government establishments who are covered under these notifications/memorandums, who are getting benefits thereof, even at present. 3 8. In these circumstances, as aforestated, respondent no. 3 will consider the representations made by the petitioners in the light of the existing, prevalent and applicable memorandums, subject to the petitioners fulfilling the eligibility criteria mentioned therein. If the petitioners are found to be eligible and qualify the parameters set forth in such memorandums, enhancement of pay and regularization, as may be decided by the respondent no. 3, will be extended to such petitioners. 9. Needless to say, if the decision of the respondent no. 3 is in favour of the petitioners, all consequential steps will follow. 10. The entire process of taking a decision by the respondent no. 3 will be completed by September 30, 2026 and the same shall be communicated to the petitioners as well as to the relevant departments of the Government of West Bengal within a week thereafter. 11. With the aforestated directions, the writ petition is disposed of. 12. There will be no order as to costs. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)