Authority: Calcutta High Court (Writ Jurisdiction Appellate Side)

Order Date: 22 September 2026

Case Overview

  • Petitioner: Bimal Kumar Patra, casual/contractual employee of Digha Shankarpur Development Authority (DSDA) since 10 December 2001, originally appointed as peon on contractual basis.
  • Respondents: State of West Bengal, Finance Department, and DSDA (respondents nos. 4 and 5).
  • Petitioner seeks benefits under the parent memo dated 16 September 2011 (memo no. 9008‑F(P)) and subsequent clarificatory memorandums of 2016 onward, claiming eligibility based on 10 years of continuous service with 240 working days each year.
  • Finance Department rejected claim on 26 September 2018, stating petitioner was not appointed to a sanctioned vacant post.
  • Petitioner relied on Division Bench judgment in WPST/171/2023 (Hemanta Das Bairagya vs. State of West Bengal & Ors.) which held that appointment to a sanctioned post is not a condition for memo benefits.
  • Respondents argued that the memo requires: (a) 10 years continuous service with 240 days each year, (b) service as of 1 August 2011, (c) attachment to a government establishment, and (d) certificate from designated authority confirming 240 days per year.
  • Court observed that despite the Finance Department’s 2018 order, the later judgment changes the legal position, allowing petitioner to be considered for benefits irrespective of post sanction.

Final Outcome

  • Court directs petitioner to make a fresh representation to the Secretary, Finance Department, Government of West Bengal within two weeks from the order date, invoking the Hemanta Das Bairagya judgment.
  • Finance Department and concerned authorities must consider the representation and dispose of it within eight weeks, hearing petitioner with adequate notice.
  • A reasoned order must be communicated to petitioner within one week after decision.
  • The writ petition is disposed of with no order as to costs.

Topics: Employee Benefits, Judicial Relief, Government Memo Interpretation