Calcutta High Court
Anil Prakash Singh & Ors vs State Of West Bengal & Ors on 24 November, 2016
ORDER SHEET
W.P. No. 1357 of 2015
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ANIL PRAKASH SINGH & ORS
Versus
STATE OF WEST BENGAL & ORS
BEFORE:
The Hon'ble JUSTICE RAJIV SHARMA
Date : 24th November, 2016.
Mr. Anjan Bhattacharya, Advocate for the petitioner
Mr. Pratik Dhar, Senior Adv.
Mr. Debanshu Ghorui, Adv.
Mr. Jai Kumar Surana, Adv.
Mr. Swaraj Shaw, Adv.
.........Advocates for the respondents
Mrs. Sukla Das Chandra, Advocate for the State The Court : Heard Mr. Anjan Bhattacharya, learned Counsel for the petitioner and Mr. Pratik Dhar, learned Counsel for the respondent.
The petitioners are the employees of the institution which is admittedly a minority institution but they claim that the employees should be paid DA equivalent to employees serving in government aided institutions as they are similarly situated. Reliance in being placed on the West Bengal Services Revision of Pay & Allowance Rules, 2009. They have preferred a representation to the 2 opposite party No. 5 also but no heed was paid to decide the representation, and as such the instant writ petition has been filed.
At the initial stage an objection was raised with regard to maintainability of the instant writ petition as the opposite parties submit that it is not maintainable in writ jurisdiction in view of the provisions of Article 12 of the Constitution of India. But subsequently, in the course of argument, said point was not pressed. As the representation which is already pending before the opposite party No.5 whereby they have also made grievances which has been made in the instant writ petition and has been disposed of till date, as such this Hon'ble Court directs opposite party No. 5 to consider and decide the representation of the petitioners within a period of three months after affording opportunity of hearing to the petitioners and pass a reasoned order. The pleadings exchanged by way of affidavits do not bar the parties to advance independent submission.
With this observation, the writ petition is finally disposed of.
(RAJIV SHARMA, J.) pa/rbhar