Bhaskar Bhattacharya, ACJ. - (1.) Both these mandamus-appeals were taken up together as a common question of law arises for determination in these appeals which have been preferred against a common judgment dated October 1, 2008 passed by a learned Single Judge of this Court by which His Lordship disposed of several writ-applications by a common judgment.
(2.) In all the writ-applications a Memo dated 26th September, 2007, issued by the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, was the subject-matter of challenge.
(3.) Prior to November 26, 2001 the system of supplying diet to the indoor patients of the hospitals under the control of the State Government was that the raw materials for diet were supplied by the selected contractors after competitive bidding and food was cooked in the hospitals' kitchens by the cooks/GDAs, being the employees of the Government. Receipt of raw materials, cooking of meals and distribution of the same to the patients was supervised by a steward or some other designated employees. This system was discontinued by virtue of the Memo dated 26th November, 2001 issued by the Secretary, Health and Family Welfare Department, Government of West Bengal, by which it was directed that in the changed circumstances, the agency selected through tendering process should be responsible for providing completely finished diet as per prescribed standards of quality and quantity to the hospital authorities for distribution amongst the indoor patients. Since the system for cooking of diet for indoor patients in different Government Hospitals by the departmental staff were discontinued, it was further directed that the existing available facilities should be allowed to be used by the agencies selected for supply of finished diet.;