Calcutta High Court (Appellete Side)
An vs Rp Union Of India & Ors on 22 August, 2023
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
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07 22.08.2023 WPA 26162 of 2014
- Ct. No. 01 Shanti Ganatantra Samhati Mancha & Ors.
09
AN Vs.
RP Union of India & Ors.
With
WPA 8033 of 2017
IA No.: CAN 1 of 2018 (Old No. CAN 3763 of 2018)
CAN 2 of 2021
Bijan Paik & Ors.
Vs.
State of West Bengal & Ors.
With
WPA 9114 of 2014
Sabujer Abhijan & Ors.
Vs.
State of West Bengal & Ors.
Mr. Samim Ahammed
Ms. Saloni Bhattacharya
Ms. Gulsanwara Pervin
Ms. Ambiya Khatoon
Mr. Arka Ranjan Bhattacharya
... For the Petitioners
Mr. S.N. Mookherjee, Ld. A.G.
Mr. A. Ray, ld. G.P.
Md. T.M. Siddiqui
Mr. Sirsanya Bandopadhyay
Mr. Arka Kumar Nag
... For the State
Mr. Vipul Kundalia
... For the respondent no. 6
Mr. Dipanjan Datta Ms. Tanusree Bag ... for the ROCH (E) Mr. N.C. Bihani Mrs. P. B. Bihani ... for the WBPCB
1. We have heard learned counsel for the respective parties at length.
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2. We are of the view that unless and until a Nodal Officer is appointed by the State of West Bengal to colate all details and file a comprehensive report as to what has been done by the State for rehabilitation of the Silicosis Victims and what are the other facilities which are in the process of being implemented, it will be a very difficult exercise for this Court to issue directions in order to achieve the desired result. We say so because of the fact that various authorities have been filing reports from time to time and there is also an affidavit-in-opposition filed by the writ petitioner to such reports. In our view, the question of filing a report and filing of an opposition will not solve the problem.
3. Hence, we direct that the 12 th respondent viz. The Director of Health and Family Welfare Department, Government of West Bengal to nominate one Nodal Officer in consultation with the Secretary, Government of West Bengal and such Nodal Officer shall collate all details, hold discussions and meetings with the petitioner as well as the learned counsel appearing for the petitioner and other stake holders and file a precise report clearly stating out as to what are the measures implemented as on date for rehabilitation of the Silicosis Victims. The report should also indicate as to what steps are to be taken by the Government of West Bengal which are stated to be under process. The Nodal Officer in consultation with the appropriate authorities shall also draw a plan of action as to how best the Silicosis Victims can be rehabilitated in an 3 appropriate manner at appropriate time so that the benefit reaches them at the earliest without any delay. Nomination of such Nodal Officer shall be done within two weeks from the date of such consultation or meeting as directed. Such Nodal Officer shall convene a meeting with all the stakeholders and the learned counsel appearing for the petitioner shall be also be invited to the said meeting in which the subject shall be deliberated and the Nodal Officer shall submit a report within two weeks from the date the consultation or meeting is completed.
4. The 12th respondent is also directed to immediately look into the aspect as regards non-issuance of Identity Cards to the persons who are affected by Silicosis, since we find that the Joint Labour Commissioner has not processed applications filed by the 51 persons claiming benefits under Silicosis Rehabilitation & Treatment Policy on the ground that the original documents were not submitted and also on the ground that the application were not accompanied by the Identity Cards of the applicants. The letter also states that the Identity Cards have to be provided by the Health & Family Welfare Department on recommendation of the Silicosis Diagnosis Board in respect of the Silicosis Victims in terms of the said policy. The Court fails to understand as to why the Health & Family Welfare Department is yet to issue Identity Cards or is there any difficulty in the Silicosis Diagnosis Board to make such recommendations to the Health & Family Welfare Department. The 12th respondent is also directed to look 4 into the aspect immediately where recommendations have already been made by the Silicosis Diagnosis Board, the Identity Cards shall be issued to the applicants without loss of time where certain other documents are required, those applicants shall be advised to submit necessary documents, instead of outrightly rejecting such applications. We grant reasonable time to the said respondent in this regard. The Court will take into consideration a report which has been directed to submit in terms of the above order and pass further orders on the next hearing date. We also note that the Principal Secretary, Health & Family Welfare Department, Government of West Bengal has communicated to the Principal Secretary, Labour Department, Government of West Bengal by a letter dated 02.03.2023 enclosing a draft Identity Card to be issued to the Silicosis Victims. This aspect shall also needs to be taken note of and necessary steps be taken.
5. List the matter on 3 rd October, 2023 for further consideration.
(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)