- (1.) THE Court : The subject-matter of challenge in the present writ petition is an order, dated January 11, 2011, passed by the Principal Secretary, Finance Department, Government of West Bengal in compliance of the orders passed by a learned single judge of this court in two writ petitions. The petitioners are all employees of the Kolkata Metropolitan Development Authority (KMDA, for short).
(2.) THE petitioners have prayed for similar benefits of Modified Career Advancement Scheme (Scheme, for short) which was issued under the Government of West Bengal's Memo, dated March 13, 2001, for the employees of the Government of West Bengal. Such benefit has not been extended to the employees of statutory bodies or corporations. By the order impugned the Principal Secretary had rejected the prayer of the writ petitioners for extension of the benefit of the said Scheme to them. The petitioners had earlier filed two writ petitions which were disposed of by a learned single judge of this court by a common judgement and order, dated February 24, 2010. The learned single judge held that it was necessary to consider the grievances of the petitioners afresh. The respondents, particularly the Principal Secretary, Finance Department and the Secretary, Urban Development Department were directed to consider the writ petitions as representations. His Lordship was inter alia pleased to direct the respondents to take an appropriate decision after giving the petitioners on opportunity of being heard within a period of three months. Pursuant to said direction the order impugned was passed by the Principal Secretary, Finance Department.
(3.) THE petitioners have challenged the said order on various grounds. According to them the learned single judge in the earlier writ petitions had observed that the respondents authorities failed to establish why the benefits of the Scheme could not be given to the employees of the KMDA when KMDA authorities had agreed to implement the Scheme out of their funds.;