ARIJIT BANERJEE,J. - (1.) In this writ application the petitioner challenges two memoranda and two notifications having the following particulars:- (i) Memorandum bearing No. 1177 -F (Y) dated 28 February, 2014, issued by the Respondent No. 2 being the Principal Secretary to the Government of West Bengal. (ii) Memorandum bearing No. 71/SPW/2014 dated 3 March, 2014 issued by the respondent no. 3 being the Principal Secretary, Public Works Department, West Bengal. (iii) Notification bearing No. 2254 - F (Y) dated 24 April, 2014 issued by the respondent no. 2. (iv) Notification bearing No. 137/1 - A/PW/O - 10C - 02/14 dated 24 April, 2014 issued by the respondent no. 3.
(2.) It appears from records that on 3 April, 2015 Dipankar Dutta, J. had given direction for filing affidavits. On that dated Mr. Malay Ray, Learned Counsel had appeared for the State. Subsequently, on 31 August, 2016, 26 September, 2016, 28 September, 2016, 11 November, 2016, 9 December, 2016 and 21 December, 2016 the matter was taken up for hearing. On none of those dates learned Advocate appeared for the State. On 11 November, 2016, I had requested Mr. Siddique, Learned Advocate, who was present in Court to inform the learned Government Pleader as well as Mr. Soumitra Mukherjee, Learned Advocate on Record that the matter would be taken up for hearing again on 18 November, 2016. The matter was next taken up for hearing on 9 December, 2016. In view of the fact that nobody appeared for the State I directed learned Advocate on record for the petitioner to communicate to the office of the learned Government Pleader as also to Learned Advocate on record for the State that the matter would be posted for hearing under the heading 'For Order' on 15 December, 2016 and if nobody appears for the State, appropriate orders would be passed. Pursuant to such direction, notice dated 9 December, 2016 was served on the office of Learned Government Pleader as also on Learned Advocate on record for the State by Learned Advocate on record for the petitioner. The matter was next taken up for hearing on 21 December, 2016. Again nobody appeared for the State. Hence I had no option but to close the hearing since Mr. Bhattacharya, learned Senior Counsel had concluded his submission.
(3.) The petitioner contends that he was enlisted as a Class II contractor for roads and building works, with the Public Works Department of the Government of West Bengal. He has produced a certificate of enlistment in support of his contention.;