02.09.2026 20 sdas WPA 23087 of 2026 Shibani Laha Vs. The State of West Bengal & Ors. Mr. Malay Bhattacharyya Mr. Subhrojyoti Ghosh ….. for the petitioner Mr. Arka Bhattacharya Ms. Debosmita Ganguly ….. for the State 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. Learned Advocate appearing for the petitioner submits as follows. The petitioner is Helper/Cook at a institute of West Bengal directly controlled by the Director of Technical Education and Training. She was appointed in such capacity in accordance with the recruitment rules and after observing all the procedures under the relevant statute. The appointing letter was issued by the Principal/Secretary of the Institute. After her appointment she continued in her service uninterruptedly. She was extended the benefits of uniform service in terms of Government Notification No. 998-Edn(U) dated December 7, 1981. The pay was revised in terms of Memo dated February 14, 2000 issued by the Joint Secretary, Government of 2 West Bengal. Although the status of the petitioner was like that of Group-D employee but all the allowances and other service benefits of Group-D employees were not extended. By an order dated January 2, 2014, the State authorities declined to extend the benefits as available to group-D employees to hostel/mess of the polytechnic. Some of the employees challenged the aforesaid order by preferring writ petition being WPA 14133 of 2014. Some others who were denied some benefits of Group-D employees opposed this for by preferring another writ petition being WPA 18230 of 2014. Those writ petitions were disposed of by orders dated May 14, 2014 and June 27, 2014 wherein this Court quashed the impugned order dated January 2, 2014, and directed the concerned respondents to give the writ petitioner the status of Group-D employees and treat her as permanent employee. Aggrieved by such order, the Director of Technical Education and Training, Government of West Bengal preferred two appeals were dismissed. The orders were confirmed up to the Hon’ble Supreme Court. The Hon’ble Apex Court dismissed the Special Leave Petition being Special Leave to Appeal (C ) Nos. 28253 to 28254 of 2019 on March 4, 2022. Relying on earlier orders, a Co-ordinate Bench of this Court passed an order dated May 2, 2023 in WPA 10108 of 2022. By office 3 order passed on July 24, 2024, such benefits were granted to the aggrieved employees. Reliance is also placed on similar orders passed by this Court in WPA 11670 of 2024 and WPA 11014 of 2019. 3. Learned Advocate appearing on behalf of the State submits that several orders have been passed in this regard by Coordinate Benches. The matter had gone to the Hon’ble Apex Court and was decided in favour of the employees. However, there is a difference between “Group-D” employees and hostel/mess employee. 4. It appears that the petitioner is employee of polytechnics who seeks similar benefits as Group- employee. She was appointed in accordance with relevant recruitment rules and as per statute. She continued her service uninterruptedly. She is getting the same pay scale as Group-D employee. She was extended benefit of uniform service in terms of the notification dated December 7, 1981. The pay was revised in terms of the Memo dated February 14, 2000. 5. Therefore, the petitioner appears to stand in the same footing as those aggrieved employees who had earlier been granted similar benefits by Coordinate Benches of this Court. In fact, some of the matters went up to the Hon’ble Apex Court and were decided in favour of the employees. 4 6. A similar matter even after the decision of the Hon’ble Supreme Court of India was considered by a Division Bench of this Hon’ble Court on February 9, 2026 in MAT 572 of 2025 with MAT 220 of 2024, which has, in no uncertain terms, held that the petitioners therein, who were also employees of polytechnic stand on the same footing as the aggrieved employees, who had, on an earlier occasion, been granted similar benefits by Coordinate Benches of this Hon’ble Court. 7. In view of the consistent line of judgments of this Hon’ble Court and the Supreme Court of India, the petitioner is entitled to the benefits as granted by the other Coordinate Benches of this Court. 8. In view of the above, the writ petition is disposed of by directing the respondent authroiteis to extend the writ petitioner the status and service benefits as available for Group-D employees of the Government of West Bengal including pay scale, allowance, service and superannuary benefits. In effect, she shall be treated as permanent Government employee. The concerned respondents including the State are directed to release all service benefits to the petitioner which are to be paid from the respective dates of appointments within 12 weeks from the date of communication of this order. 9. There will be no order as to costs. 5 10. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)