PROSENJIT DEBNATH v. THE STATE OF WEST BENGAL AND ORS
WPA/1120/2026 · 2026-07-30
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31737 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31737 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L- 41 30/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side
WPA 1120 of 2026
Prosenjit Debnath Vs. The State of West Bengal & Ors. Ms. Suman Sehanabis Ms. Anwesha Chakraborty Mr. Salok Sah
….for the petitioner
Ms. Supriya Singh Ms. Esha Acharya ….for the State
Mr. Subhasish Misra Mr. Rounak Ghosh ….for the Cooch Behar Zilla Parishad
The petitioner claims that he is presently performing his duties as a Group-D employee under the Cooch Behar Zilla Parishad. Petitioner belongs to the Backward Class Community and claims to have requisite qualification for appointment to the post of Group-D. The petitioner states that on March 4, 2010 a meeting was convened and a decision was taken by Cooch Behar Zilla Parishad to approve service of the casual workers working under the Cooch Behar Zilla Parishad from their respective duties of joining. The petitioner claims that his name is also appearing in the list of casual workers and a decision was taken to approve the petitioner in Group-D post. The petitioner has sought for a direction upon the Special Secretary, Department of Panchayats and
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Rural Development, Government of West Bengal to provide them the benefit in the light of the memorandum Dated September 16, 2011. The learned advocate appearing for the petitioner submits that in spite of the fact that the Cooch Behar Zilla Parishad has forwarded necessary papers and documents to the concerned authority, the benefits in terms of the memorandum dated September 16, 2011 has not been extended in favour of the petitioner till date. When this matter was taken up for hearing on July 28, 2026, Ms. Singh, learned Junior Government Pleader prayed for an accommodation to revert back with necessary instructions. Today, when this matter is taken up for hearing, Ms. Singh, on instruction, submits that it appears from the documents annexed to the writ petition that the relevant materials were forwarded to the Special Secretary, Department of Panchayats and Rural Development but the said papers could not be traced out in the said department.
She submits that a direction be passed upon the Cooch Behar Zilla Parishad to forward the requisite papers and documents to the Special Secretary, Department of Panchayats and Rural Development and if such documents are forwarded, the said respondent authority shall consider the same and take a decision within the time limit that may be fixed by this Court. 3
In the light of the submissions made by the learned advocates for the respective parties, this Court is of the considered view that the interest of justice would be sub-served if the Additional Executive Oficer, Cooch Behar Zilla Parishad, being the respondent no.5 is directed to forward the necessary papers to the Special Secretary, Department of Panchayats and Rural Development, Government of West Bengal, being the respondent no.3 within a specified time frame. Accordingly, WPA 1120 of 2026 stands disposed of with the following directions:- (i) The Additional Executive Oficer, Cooch Behar Zilla Parishad, being the respondent no.5 is
directed to forward the papers and documents necessary for the purpose of extending the benefits under the memorandum dated September 16, 2011 to the Assistant Secretary, Department of Panchayats and Rural Development, Government of West Bengal, being the respondent no.2 as expeditiously as possible but positively within a period of 4 weeks from the receipt of a server copy of this order. (ii) Immediately upon receipt of the papers from the respondent no.5, the Assistant Secretary, Department of Panchayats and Rural Development, Government of West Bengal, being the respondent no.2 shall consider the same and take a decision by passing a reasoned order
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and communicate the same to the petitioner and the Zilla Parishad as expeditiously as possible but positively within a period of 8 weeks from the receipt of the necessary papers and documents. (iii) If the Assistant Secretary, Department of Panchayats and Rural Development, Government of West Bengal, being the respondent no.2 is of the opinion that such authority is not the competent authority to take a decision on the issue, the papers and documents shall be immediately forwarded to the authority vested with the power to decide such issue within a week from the receipt of the papers from the respondent no.5 and in such event the competent authority shall take a decision with regard to the proposal forwarded by the Cooch Behar Zilla Parishad within the time limit and in the manner as mentioned hereinbefore. There will be no order as to costs. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)