16. Upon discussing as above, the finding of the authority in the impugned order dated July 10, 2019, appears to be based on misplaced and erroneous considerations. In the same, it has been taken note of, that the petitioners were engaged by the non-government organisation and not by the State Government and also that the West Bengal Service Rules do not confer any right to the writ petitioners to be considered as the State Government employees. It has been found that there would not be available to the writ petitioners, any automatic right of all benefits at par with the employees of State run ICDS Projects. Unfortunately the said decision of the respondent authority, is devoid of any justifiable reasons. Merely, petitioner’s appointment by a non-Government organisation would not be reason simplicitor, for treating them differently, so far as their service benefits are concerned. Reason for the same would be that the scheme itself has not differentiated between the two kinds of entrants, in terms of their placement in the cadre of the respondent. Also that both of them are discharging similar duties and responsibilities, in furtherance of the scheme, as discussed. By this way the uniform manner of implementation of the scheme in the State has been jeopardised. The grounds shown of discrimination amongst the equals cannot be considered to be fair, logical or reasonable. The impugned order has denied equal opportunity to the petitioners and discriminated them not on any reasonable ground. The classification must be founded on intelligible differentia, distinguishing petitioners from the employees of Government run Projects, which has not been done and which can actually not be done. The impugned order i s not sustainable in the eye of law.
