West Bengal State Co-Operative Union Employees Association & Another vs State Of West Bengal And Others

Rajasekhar Mantha, J

Re: CAN 4599 of 2016

This is an application for restoration of the order dated 18.04.2016, by which the writ petition being W. P. No. 5167 (W) of 2013 was dismissed for

default.

Upon perusal of the averments made in the said application this Court finds that sufficient grounds have been made for absence of the petitioner on

the said date.

The application being CAN 4599 of 2016 is thus allowed and disposed of.

The writ petition being W. P. No. 5167 (W) of 2013 is restored to its original file and number.

Re: W. P. No. 5167 (W) of 2013

Despite specific notice, the respondents are not represented.

Affidavit-in-reply taken on record. No record.

filed by the petitioners in Court is affidavit-in-opposition has come on The writ petitioners are the employees of the West Bengal State Co-operative

Union and District Co-operative Union which is a Cooperative Society under the WBCS Act, 2006. They rely upon a decision of the Finance

Department dated 28.02.2011 to introduce a pension scheme for them.

It is submitted that they are similarly situated as the employees of the West Bengal Valuation Board and the West Bengal Village Industry Board. By

a communication dated 3rd July, 2012 issued by the Deputy Secretary, Government of West Bengal & SPIO under the provisions of the R. T. I. Act

is was informed that the decision taken by the Finance Department on 28.02.2011 is being reviewed. It is submitted that since after a decision to

review the grant of pensionary benefits to the petitioners, no decision has been taken by the Finance Department till date.

In those circumstances, the Secretary, Finance Department, Government of West Bengal may take a suitable decision as regards DCRB benefits to

the petitioners within a period of three months from the date of communication of a copy of this order.

The Secretary, Finance Department, Government of West Bengal shall pass a reasoned order and also consider the fact that the pensionary benefits

have been granted to similarly situated employees of organisations as the writ petitioners. The reasoned order may be passed and the same may be

communicated to the writ petitioners within a week thereof.

With the aforesaid observations, the instant writ petition is disposed of.

There shall, however, be no order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.