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Judgment
Rajasekha Mantha, J
The writ petitioners are admittedly daily rated casual workers with the Digha Sankarpur Development Authority (hereinafter referred to as DSDA).
The DSDA was constituted under the West Bengal Town & Planning Act, 1979.
 The writ petition was earlier moved before this court being W.P. 10156(W)/2015 which was carried in appeal being MAT 160/2016. The Division
Bench affirming the order of the Single Bench of this court in FMA 522/2017 dated 17.08.2018 held that the petitioners do not come within the
purview of the Memorandum dated 23.04.2010 issued by the Government of West Bengal.
 By the said Memorandum, certain benefits in the nature of length of service and fixed remuneration was allowed to certain casual employees within
the State of West Bengal subject to fulfilling the terms and conditions of such Memorandum.
The petitioners in this instant writ application challenge the E.O.I. dated 13.02.2020 issued by the DSDA. By the said E.O.I., the DSDA had asked
the labour contractors to submit tenders for undertaking conservancy work in various Establishments under the DSDA.
One of the terms and conditions of the said E.O.I. require the proposed Contractors to engage at least 25 daily wage workers already doing
conservancy work under the DSDA. The said daily wage workers include the petitioners.
The writ petitioners argue that since they were earlier paid directly by the DSDA, their engagement through the E.O.I. is changing their status
enabling the Contractors to terminate their services upon a finding as regards unsatisfactory performance. This, according to the petitioner has civil
consequences on their employment.
This court has carefully considered the arguments advanced by all the parties.
This court finds that the petitioners’ rights as regards the Memorandum dated 23.04.2010 has already been dealt with by a Division Bench of this
court in the order dated 17.08.2018 (supra).
The question of any right emerging from the letter dated 15.11.2019 issued by the O.S.D. to the First In-charge, Department of Urban Development
& Municipal Affairs, therefore arise.
This court finds that the petitioners are now being given an appropriate status by reason of E.O.I. which they did not enjoy earlier.
Hence, considering the above, no relief can be granted to the writ petitioners in the instant writ petition and the writ petition is hereby dismissed
however without any order as to costs.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary
formalities.