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2026 DAILYLAW 42821 (CAL)

SAHIDUL BISWAS AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/28407/2025 · 2026-09-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

37 jdt. 21.09.2026 jb. WPA 28407 of 2025 (Sahidul Biswas & Ors. vs. State of West Bengal & Ors.) Samim Ahmmed Ms. Saloni Bhattacharya …. For the Petitioners Mr. Madhu Jana Ms. Puja Sonkar …. For the State Learned counsel for the State is unable to submit the report as called for despite being given sufficient opportunity. The petitioners were engaged as casual/daily-rated workers under various water supply schemes across North 24 Parganas and other districts under the Public Health Engineering (PHE) Department. They seek enhancement of their remunerations in terms of the Memo dated 16th September, 2011, amended from time to time, issued by the Additional Chief Secretary, Finance Department, Government of West Bengal. Their request for such implementation has not been considered by the concerned authority. Learned counsel for the petitioners submits that other employees similarly circumstanced with the petitioners claim such benefit before the concerned authority and since their prayer was turned down, they assailed the said order before this Court in a writ petition being WPA 1869 of 2021. By an order passed on 29th January, 2024 this Court held that though the petitioners therein were appointed by the concerned Sabhadhipati and Pradhans of Gram Panchayat and Panchayat Samiti they performed the vital function of guarding, maintaining and operating the rural water supply system and pumps which are run and established by the 2 Ministry of Public Health and Engineering. The order records the benefits of the Circular dated September 16, 2011 as amended from time to time must be made available to the writ petitioners therein. The said order was carried in appeal before an Hon’ble Division Bench of this Court and by a judgment delivered on 4th July, 2024 in MAT no. 429 of 2024 and MAT no. 430 of 2024, the Hon’ble Division Bench modified the orders of the coordinate Benches of this Court and held that the writ petitioners/appellants therein were entitled to receive the benefits extended under the memorandum dated 16th September, 2011. The concerned authority was directed to pay the dues of the appellants/petitioners alongwith interest @ 6% per annum from the date of accrual of such benefits in respect of each of the petitioners till payment thereof. The order travelled to the Hon’ble Supreme Court and has been affirmed by the Hon’ble Court. Upon consideration of the submission made on behalf of the parties and material on record, this Court is of the view that the petitioners herein are similarly circumstanced with the petitioners in WPA 1869 of 2021 who have been accorded the benefit extended by the memorandum dated 16th September, 2011 amended from time to time. Since the issue has been decided by the Hon’ble Division Bench of this Court as well as by the Hon’ble Supreme Court, nothing further remains to be decided afresh in the present application. In view of the above, the Superintending Engineer, Eastern Circle, Public Health Engineering Directorate, 3 Government of West Bengal, being the 4th respondent herein, is directed to pay the dues to the petitioners in terms of the memorandum dated 16th September, 2011 amended from time to time alongwith interest @ 6% interest per annum from the date of accrual of such benefit in respect of each of the petitioners till payment thereof. The entire exercise shall be completed within 8 weeks from the date of communication of this order. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)