Calcutta High Court (Appellete Side)
Utpal Kanti Karan vs State Of West Bengal & Ors on 1 September, 2023
Author: Harish Tandon
Bench: Harish Tandon
1 01.09. WPA 9921 of 2007
to
2023 CAN 1 of 2009 (Old No. CAN 4639 of 2009)
21
Ct. No. 04
With
Akd
APO 343 of 2013
With
WPA 303 of 2023
Utpal Kanti Karan
Vs.
State of West Bengal & Ors.
With
FMA 125 of 2022
The State of West Bengal & Ors.
Vs.
Manash Kumar Gorai & Anr.
With
FMA 143 of 2022
CAN 1 of 2021
CAN 2 of 2021
The State of West Bengal & Anr.
Vs.
Archana Pramanick & Ors.
With
FMA 2688 of 2007
Nirmalendu Maity
Vs.
State of West Bengal & Ors.
With
F.M.A. 387 of 2020
State of West Bengal & Ors.
Vs.
Bisweswar Bera & Anr.
With
F.M.A. 557 of 2007
Baishali Banerjee
Vs.
State of West Bengal & Ors.
With
2
F.M.A. 583 of 2006
State of West Bengal & Ors.
Vs.
Md. Shohidullah
With
F.M.A. 584 of 2006
State of West Bengal & Ors.
Vs.
Shyamsundar Mohanto
With
F.M.A. 585 of 2006
State of West Bengal & Ors.
Vs.
Nirupama Bairagi
With
M.A.T. 421 of 2022
CAN 1 of 2022
Sagar Kumar Das
Vs.
State of West Bengal & Ors.
With
WPA 12414 of 2008
Smt. Rinku Sarkar
Vs.
State of West Bengal & Ors.
With
WPA 12419 of 2008
Srijit Pal
Vs.
State of West Bengal & Ors.
With
WPA 12420 of 2008
Subimal Sinha
Vs.
State of West Bengal & Ors.
With
3
WPA 13060 of 2004
Shyamsundar Mohanto
Vs.
State of West Bengal & Ors.
With
WPA 14890 of 2001
Baby Gopex
Vs.
State of West Bengal & Ors.
With
WPA 15736 of 2013
Atasi Sikdar
Vs.
State of West Bengal & Ors.
With
WPA 16707 of 2004
Nirupama Bairagi
Vs.
State of West Bengal & Ors.
With
WPA 2364 of 2007
CAN 1 of 2009 (Old No. CAN 7088 of 2009)
Md. Abdus Sattar
Vs.
State of West Bengal & Ors.
With
WPA 26423 of 2007
Bimal Chandra Jana
Vs.
State of West Bengal & Ors.
With
WPA 29710 of 2013
Pampa Das
Vs.
State of West Bengal & Ors.
With
WPA 4698 of 2016
Subodh Kumar Biswas
4
Vs.
State of West Bengal & Ors.
With
WPA 25340 of 2015
Mousumi Roy
Vs.
State of West Bengal & Ors.
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Mr. Sridhar Chandra Bagari ... for the appellant (FMA 2688 of 2007) Mr. Biswarup Biswas, Mr. Gora Chand Samanta.
... for the appellant (FMA 557 of 2007) Mr. N.I Khan, Mr. Amlan Kumar Mukherjee.
... for the appellant (MAT 421 of 2022) Mr. Subir Sanyal, Mr. Sakti Pada Jana, Mr. Dwarik Nath Mukherjee, Mr. Kamal Mishra, Mr. Subhajyoti Das.
... for the respondents (FMA 125 of 2022) (FMA143 of 2022) Mr. Anirban Ray, Mr. Himadri Sekhar Chakraborty, Ms. Sucharita Paul.
... for the appellant (FMA 125 of 2022) Mr. Swapan Kumar Dutta, Mr. Dipankar Dasgupta, ... for the appellant (FMA 143 of 2022) Mr. Samaresh Chandra Dhara.
... for the petitioner. (WPA 4698 of 2016) Mr. Mahananda Roy ... for the petitioner. (WPA 15736 of 2013) Ms. Lina Majumder ... for the petitioner. (WPA 2971 of 2013) 5 Mr. Supriyo Chattopadhyay Mr. Samaresh Chandra Dhara, ... for the petitioner. (WPA 4698 of 2013) Mr. Kamalesh Bhattacharyya, Mr. Surendra Kumar Sharma.
... for the respondent no. 1 (FMA 387 of 2020) Mr. Tarun Kumar Das.
... for the respondent no. 5 (MAT 421 of 2022) Mr. S. N. Mookherji, Ld. A. G., Mr. Tapan Kumar Mukherjee, Mr. Swapan Kumar Dutta, Mr. Tapas Kumar Mukherjee, Mr. Supriya Chattopadhyay, Ms. Iti Dutta, Mr. Pinaki Dhole, Mr. Arjun Roy Mukherjee, Mr. Biswajit De, Ms. Rajlakshmi Ghatak, Ms. Debdooti Dutta, Ms. Saheli Mukherjee, Ms. Kakali Smajpaty, Mr. Paritosh Sinha, Mr. Dipankar Dasgupta, Ms. Sucharita Paul, Ms. Lina Majumdar, Ms. Pampa Das, Mr. Somnath Naskar, ... for the State.
Re: WPA 25340 of 2015 Mr. Tanmoy Chowdhury, Mr. Bikram Banerjee, Mr. Sudipta Dasgupta, Ms. Somsubhra Ganguly, Ms. Sagarika Goswami, Mr. Arka nandi, Mr. Sandwip Sutradhar.
... for the petitioner By an order dated 7th November, 2022 passed in connection with the instant writ petition liberty was granted to the writ petitioner to mention the matter before this Bench, so that the issue involved therein can be decided along with other matters involving 6 identical and similar issue. The learned Advocate for the petitioner submitted before the Single Bench that the issue involved in the instant writ petition relates to sanction of post- graduate scale of pay upon acquiring higher educational qualification, which is one of the point of reference before this Court; but when the instant writ petition is taken up, it is concededly submitted by the learned Advocate for the petitioner that the writ petitioner was held entitled to get higher scale of pay upon acquiring post-graduate degree in an earlier writ petition filed by the writ petitioner and the instant writ petition is filed for implementation of the said order, as the Government was showing reluctance or apathy in implementing the said order. Such being the issue involved in the instant writ petition, whether the same is required to be taken up by us or in absence of any point of reference the said issue can be decided by the Special Bench. We thus find that the issue involved in the instant writ petition does not within the ambit or peripheral of the point of reference, which are required to be answered by the Special Bench and, therefore, let this matter be detached from the bunch of the writ petitions and liberty is granted to the writ petitioner to mention the matter before the Single Bench. Let the other matters be listed on 5th September, 2023 to be taken up at 3-00 p.m. (Harish Tandon, J.) (Soumen Sen, J.) (Kausik Chanda, J.) 7