Calcutta High Court (Appellete Side)
Narayan Chandra Maiti vs The State Of West Bengal & Ors on 4 January, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1 04.01.2018
Court No.04 Item no.34 skc W.P. 30216 (W) of 2017 Narayan Chandra Maiti Vs. The State of west Bengal & Ors Mr. Sujit Kumar Rath ... for the petitioner Mr. Joytosh Majumder Md. Yasin Ali Mr. Pinaki Dhole Ms. Tapati Samanta Mr. Avishek Prasad ... for the State Memo dated 27th January, 2017 issued by the Director of Library Service, West Bengal is under challenge in this writ petition. Though an earlier memo dated 8th May, 2015 was passed by the said authority, but this subsequent memo supersedes the earlier order.
Mr. Rath, learned Advocate appears on behalf of the petitioner and submits, his client is seeking higher scale of pay as provided in ROPA 1990. He refers to an order dated 30th October, 2017 made by a learned Single Judge of this Court in W.P. 14525 (W) of 2017 (Abinash Chandra Debnath vs. The State of West Bengal & Ors.) and submits that the memo impugned in that writ petition stood set aside, the contents of which are the same as in the impugned memo herein. Hence, according to him, the petitioner's case for quashing of the impugned memo is covered by the said order.
2Mr. Majumder, learned Advocate, Government Pleader appears on behalf of the State and submits, the said order does not cover the situation as it is distinguishable on many points. The first point is that the said order was passed on the basis of an omission on the part of the State to bring to the notice of the said learned Judge that SLP no. 8558- 61 of 2015 (Pradip Kumar Karak & Ors. vs. State of West Bengal & Ors.) was not pending as on the date of the order, the same had earlier been disposed of in the month of April, 2017. Mr. Majumder seeks an adjournment to produce the judgment of the Supreme Court in the said case as well as an earlier case before this Court to demonstrate that the issues arising in this writ petition are pending adjudication before a Division Bench of this Court to which the issues in Pradip Kumar Karak (supra) had been remanded.
List on 9th January, 2018.
( Arindam Sinha, J. )