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Judgment
Rajasekhar Mantha, J
A short issue before this Court in the instant proceedings is as to whether the petitioner having noted the terms and conditions on the advertisement for filling up the post of Chief Medical Officer with CPF with the WBSETCL, and having participated in the selection process, can in the same breadth claim the benefits of GPF, on the basis of the service conditions available to her from the erstwhile WBSETCL and as continued to her in the WBSEB where she currently employed.
During the pendency of the instant writ petition an order has been passed by a Co-ordinate Bench of this Court to the effect that the filling up of the post of CMO by contractual employees, will not create any equity in favour of such employee and will abide by the result of the writ application.
A two-fold submission made in Court today on behalf of the WBSETCL. Firstly, that there are no employees after 2009, enjoying any benefit of GPF in the WBSETCL. The year 2009 is mentioned in view of Revision and Pay Allowances (ROPA), 2009.
He further submits that the employees were initially absorbed pursuant to formation and bifurcation under the original scheme of two new PSEs, namely, WBSEDCL and WBSETCL employees absorbed in the latter did enjoy the GPF benefits but post 2009 and as on date there are no employees enjoying such benefits and all employees are under the CPF Scheme.
The Company Secretary of WBSETCL shall affirm an affidavit as regards the submissions of the learned counsel for the WBSETCL as recorded herein above and file the same before this Court upon prior notice to the writ petitioner within a period of seven days from date.
Let this matter stand adjourned and be listed on 18.12.2019.
Urgent photostat certified copy of this order, if applied for, be given to the parties.