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Judgment
Sabyasachi Bhattacharyya, J
The grievance of the present petitioners is that, the petitioners were employed as Call Centre Operators (DCU) under the ‘Nischay Yan’
Scheme of the State of West Bengal.
The said call centres were operating in respect of ambulance services, which were being provided by the State for expecting women. Subsequently,
all on a sudden, services of the petitioners were terminated and in response to the representation given by the petitioners in that regard, it was
informed on November 29, 2019, by the response, which is Annexure P-10 at page 111 of the present writ petition, that in view of immediate
introduction of separate Toll Free Numbers of the Nischay Yan ambulance, the existing DCUs would cease to operate from January 01, 2020, which
was a policy decision and was under “active deliberationâ€. Consequentially, the services of the petitioners were terminated.
However, the petitioners have made out a prima facie case as regards the incumbent duty on the part of the State Government, if not otherwise, on
the legitimate expectation of the petitioners that, for the new jobs created at the posts from which the toll free numbers would be operating, the
petitioners ought to have been considered in preference to new recruits to the said posts. This is strengthened by the fact that the petitioners have
undergone extensive training for such call centre duty and are capable of handling such specialized job. Hence, apparently there would be no logic
behind throwing out the existing people doing the said job and recruit outsiders to do an exactly similar type of work, thereby unnecessarily depriving
the petitioners from their livelihood.
This writ petition is required to be heard on such questions. Learned counsel for the respondent-authorities submits that he requires a few days time to
take appropriate instruction with regard to this matter.
Accordingly, instead of directing the filing of affidavit-in-opposition, the matter is being fixed for the present as an ‘upgraded matter’ on January
14, 2020. On that date, the respondents shall make their argument on merits.
During pendency of the writ petition, the respondents shall not give any new appointment, in the event such appointments have not already been given,
to the posts for operating the toll free numbers, as mentioned in Item No. 2 in the communication dated November 29, 2019, annexed at page 111 of
the present writ petition.