Kolkata HC stays Didi's relief to SSC staff sacked by SC
Mamata Banerjee
KOLKATA: Calcutta HC Friday stayed till Sept 26 WB govt's interim relief for Group-C and Group-D employees of state-run schools who lost their jobs following a Supreme Court order on April 3.
The state had announced monthly interim relief of Rs 25,000 for Group-C employees and Rs 20,000 for Group-D staff. Another section of candidates, who were waitlisted, moved HC for a stay on the scheme, arguing it "frustrated" the SC order.
Justice Amrita Sinha held that the people whose jobs were terminated by the SC order could not be provided such support after the apex court had decided the issue of illegal appointments conclusively and opined that the appointments were a result of "fraud".
Getting refund of money already disbursed to the beneficiaries would be a problem if the scheme was found to be in violation of law after the final hearing on a state review petition, she reasoned.
HC also took note of the fact that the state welfare scheme was announced for a particular group who would not be doing any work. "Paying persons gratuitously, who are not serving the state but are either sitting at home or are engaged elsewhere, does not appeal to the court," Justice Sinha held.
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HC stressed that the state had applied a "pick and choose" method for determining the beneficiaries of the welfare scheme. "There are two sets of candidates. One set comprises appointed candidates whose jobs were terminated and the other waitlisted candidates. Both sets are jobless now," Justice Sinha said, holding that the scheme for a particular group "intended to provide succour to the tainted terminated candidates".
Justice Sinha acknowledged the state's legislative competence to draft a welfare scheme but said it should apply equally. "Whether it is proper for the state to create a class of favoured candidates out of a bigger class of unemployed candidates is a matter to be decided after hearing (all) parties."
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