MALAY SARKAR & ANR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2017-12-61
HIGH COURT OF CALCUTTA
Decided on December 06,2017

Malay Sarkar And Anr Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Jyotirmay Bhattacharya, A.C.J. - (1.) Since common issues are involved in both these appeals, we heard both the appeals analogously and we dispose of both the appeals and the applications filed in connection therewith by a common judgement.
(2.) The writ petitioners-appellants are the existing contractors, who have been supplying cooked diet to the patients of the different Government hospitals since 2014. They were all selected after being found successful in the tender process held in the year 2014.
(3.) The State-respondents floated tenders for selection of contractors for supply of cooked diet to the patients in the Government Hospitals in 2017. Before floating the tenders, the State-respondents in compliance of the order passed by the learned single judge of this court on 30th March 2017 in W.P. No. 9208 (W) of 2017 constituted a Broad Based Committee in terms of the order passed by another learned single judge of this court on 2lst August 2009 in W.P. No. 11766 (W) of 2009 to review and determine the rationalised rate of cooked diet taking into account the present market value of dietary articles, for supply of cooked diet to the indoor patients of different Government Hospitals. The Committee reviewed the rate in April 2017 after taking into consideration the constant increase in price index & revised the rates of cooked diet to be supplied to the indoor patients of different Government hospitals in partial modification of the earlier Government Order issued by the Health & Family Welfare Department, Government of West Bengal on 10th November, 2014 keeping in mind the better diet to be provided to the patients.;


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