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Calcutta High Court (Appellete Side)

Subir Mondal vs The State Of West on 16 August, 2019

Author: Shampa Sarkar

Bench: Shampa Sarkar

                                            1




Sn   16.8.19                 W.P. 10648(W) of 2018
7
                         SUBIR MONDAL VS. THE STATE OF WEST
               BENGAL & ORS.

                           Mr. Rajdeep Bhattacharya
                           Mr. Souptik Paira
                               ..for the petitioner
                           Mr. Susanta Pal
                               ..for the State


                           The    petitioner          is    aggrieved        by

               non-grant of two incremental benefits upon

               attaining Ph.D. qualification on July 18,

               2011   in    terms      of       the   Government        Order

               No.25-SE(B)/1M-102/98 dated Calcutta, the

               12th   February,        1999.          According        to   the

               petitioner,        Clause        12(5)      of    the    above

               extended such benefit to the petitioner.

               According         to    the       State          respondents,

Memorandum No. 46-SE dated February 27, 2009 will be applicable in this case and the said Government Order did not provide for incremental benefits to the candidates who have obtained Ph.D. degree.

Mr. Susanta Pal, learned Advocate appearing for the State respondents relies 2 on a Division Bench judgement in the matter of State of West Bengal Vs. Goutam Ghosh (In re: M.A.T.324 of 2015).

Under such circumstances, the State respondents are granted an opportunity to file affidavit in opposition within three weeks from date; reply thereto, if any, be filed within one week thereafter.

Liberty is given to the parties to mention the matter before the appropriate bench after exchange of affidavits.

(Shampa Sarkar,J.) 3 4