Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)

Order Date: 09 July 2026

Case Overview

  • Petitioners: Suman Das and others, represented by advocates Mr. Sayan Banerjee, Ms. Suparna Dutta, Ms. Tusi Naskar.
  • Respondents: State of West Bengal and others, represented by Mr. Lokenath Chatterjee, Ms. Sneha Chatterjee.
  • The dispute concerns the applicability of Notification No. 192‑IT/06/2020/P&AR‑e‑Gov (dated 16 Oct 2020) and its scope enlargement by Memorandum No. HF/O/GA/1481/W‑63/2022 (dated 31 May 2022) to the petitioners, who seek the benefits extended to contractual IT personnel in the Department of Health and Family Welfare.
  • Petitioners argued they are eligible despite being appointed after 2020 and being engaged through the private firm M/s G.A. Digital Web Ward Private Limited; the Deputy Secretary rejected their representation on 6 April 2026, citing ineligibility due to pre‑2020 appointment and private‑sector engagement.
  • The petitioners previously raised the issue in WPA 1347 of 2026, which directed the respondent to consider their representation; the present petition challenges the April 2026 order.

Final Outcome

  • The Court held the impugned order dated 6 April 2026 to be ex facie erroneous and set it aside.
  • The Principal Secretary of the Health and Family Welfare Department, Government of West Bengal, is directed to reconsider the petitioners’ representation dated 9 Oct 2025 afresh, without being influenced by the set‑aside order.
  • The fresh consideration must be completed by 31 August 2026, and a reasoned order communicated to the petitioners by 10 September 2026.
  • No order as to costs; urgent certified copy of the order may be supplied upon application.

Topics: Employment Benefits, Government Notification, Judicial Review