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2026 DAILYLAW 39244 (CAL)

GOPAL BASAK v. STATE OF WEST BENGAL & ORS

WPA/10381/2010 · 2026-09-09

Ajay Kumar Gupta

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.09.2026 Item No. 04 Ct. No. 39 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 10381 of 2010 Gopal Basak vs. State of West Bengal & ors. Mr. Swapan Banerjee Mr. Koustav Banerjee … for the petitioner Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay … for the State 1. Affidavit of service filed on behalf of the petitioner in court today is taken on record. 2. Learned advocate appearing for the petitioner prays for adding the Additional District Magistrate, Purba Bardhaman Zilla Parishad as a party respondent. Liberty is given to the learned advocate appearing for the petitioner to add the Additional District Magistrate, Purba Bardhaman Zilla Parishad as respondent no. 6 to the writ petition. 3. No report has been filed by the State respondent. Learned advocate representing the State submits that the case is pending since 2010. Therefore, this matter may be disposed of directing the appropriate authority to consider his prayer since the same is under consideration in accordance with law. 2 4. It is the specific case of the petitioner that on 7th August, 2000, the Pradhan of Nasratpur Gram Panchayat in its General Meeting took a resolution to establish a Charitable Homoeopathic Dispensary in the Office premises of the said Gram Panchayat. The petitioner was engaged as a part-time homoeopathic doctor on and from 15th August, 2000. He prays for regularization/appointment of his service as Homoeopathic Doctor in Nasratpur Gram Panchayat Charitable Dispensary in the District of Burdwan, now Purba Burdwan, where he has been working since 15.08.2000 till date. 5. Learned counsel Mr. Banerjee submitted that the Government of West Bengal issued a notification being No. HF / O / ISMII / 206 / 311 – 17 / 2005 dated 3rd March, 2005, whereby the Government introduced a scheme for providing a homoeopathic dispensary in each gram panchayat, with one part-time homoeopathic doctor and one part-time compounder and treasurer. Subsequently, the said notification was modified so that the scheme would apply to only 20% of the total number of Gram Panchayats of West Bengal. 6. In the year 2005, the B.D.O., Purbasthali-I Development Block, Srirampur, Burdwan had forwarded the prayer made by the petitioner for regularization to the Additional District Magistrate, 3 Purba Bardhaman Zilla Parishad along with the relevant documents for taking necessary steps so far as the part-time homoeopathic doctor in the gram panchayat was concerned. Several other communications have been made between the officials on this issue, but no steps were taken by the higher authority. Subsequently, the petitioner filed this writ petition. 7. This case has been pending since 2010. Despite orders passed by the coordinate bench, affidavits have not been exchanged in this matter. The representation submitted by the petitioner and communications between the departments are appended with the writ petition, and the same is under consideration. 8. Having heard learned advocates appearing for the respective parties and upon perusal of the materials on record, this Court deems it fit and proper to dispose of this application, considering the long pendency and nature of prayer. The Additional District Magistrate, Purba Bardhaman Zilla Parishad is directed to consider the prayer of the petitioner independently and in accordance with law upon submission of a fresh representation by the petitioner herein indicating the present status, including communications made at the end of the concerned departments. 4 9. The Respondent No.6, Additional District Magistrate, Purba Bardhaman Zilla Parishad shall decide the same in accordance with law upon providing an opportunity of hearing to all parties concerned within six weeks from the date of submission of representation and communication of this order and passing a reasoned order. The same shall be communicated within 7 days thereof. 10. Since no affidavits have been exchanged between the parties, the allegations, whatsoever made in the writ petition are deemed not to be admitted. 11. With the above observations and directions, WPA 10381 of 2010 stands disposed of. 12. Consequently, the connected applications, if any, also stand disposed of. 13. Interim order, if any, stands vacated. 14. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 15. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)