The Calcutta High Court on Monday reserved its judgment on a petition challenging the West Bengal government’s decision to provide monetary relief to Group C and D employees whose jobs were terminated by the Supreme Court in April this year.
Before reserving its order, the single bench of Justice Amrita Sinha posed some pointed questions to the state government.
Questioning the decision of giving monthly `25,000 and `20,000 monthly allowance to the sacked Group C and D staff, Justice Amrita Sinha said: “…How was the amount decided… Will they get money sitting at home? For how long will they be paid?”
On being informed by Advocate General Kishore Dutta that the money is being disbursed from April 1, Justice Sinha asked why the State government was in such a hurry to give allowance. “Right now, the money should not be disbursed. There are some protocols that are to be followed,” Justice Sinha added.
During the hearing, Senior Advocate Bikash Ranjan Bhattacharya, appearing for petitioners — two waitlist candidates Prakash Mandal and Jhantu Kumar Bera — argued that monetary allowances cannot be given to the sacked Group C and D staffers as their recruitment was termed illegal by the Supreme Court.
To this, Advocate General Dutta, representing the state government, questioned the locus standi of the petitioners and said they should approach the Supreme Court since they claim that the scheme in question violates the order of the apex court.
“We should see who have filed these petitions… those on the waiting list. This is not a Public Interest Litigation. Those on the waiting list cannot have any grievance on this matter. Plus, the state government has the authority to take such decisions. This power is given to the State by the Constitution. And the allowance that is being given purely on humanitarian grounds,” Dutta argued.
Justice Sinha then remarked: “The state will provide allowances month after month to run their families, but they will not work?.. It is clear that these individuals will sit at home and get money. Does the state have any scheme for those who are deprived or are sitting on the road, or are unemployed?”
The Advocate General said the scheme was “temporary in nature”, and would come to an end once the apex court takes a final decision on the review petitions of the state government.