Calcutta High Court (Appellete Side)
Sc W. P. No. 32829 (W) Of 2014 Sri Jyotish ... vs The State Of West Bengal on 1 April, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
1 1.4.15
Sc W. P. No. 32829 (W) OF 2014 Sri Jyotish Chandra Sen
-vs.-
The State of West Bengal
& Ors.
with
W. P. No. 19078 (W) OF 2007 Subrata Kumar Dam
-vs.-
The State of West Bengal
& Ors.
--------------------------------------
Ms. Mousumi Bhowal.
........For the Petitioner in W. P. No. 1026 (W) OF 2015.
Ms. Sanghamitra Nandy Ms. Manika Pandit.
.....For the State in W. P. No. 1026 (W) OF 2015.
Mr. Debabrata Roy ........For the Petitioner in W.P. No.19078 (W) OF 2007.
Re : W. P. No. 19078 (W) OF 2007 Mr. Debabrata Roy, learned advocate for the petitioner in W.P. No.19078 (W) of 2007 submits that he has instruction from the petitioner not to press the writ petition any further.
In view thereof, W.P. No.19078 (W) of 2007 stands dismissed as not pressed. Interim order, if any, stands vacated.
There shall be no order as to costs.
The written instruction produced before this Bench shall be retained with the records.
Re : W. P. No. 32829 (W) OF 2014 The petitioner in W.P. No.32829 (W) of 2014 presented the writ petition voicing a grievance that his appointment has been approved by the District Inspector of Schools (S.E.), Cooch Behar subject to result of T.S. No. 29 of 2007 pending on the file 2 of the learned Civil Judge, Junior Division, Dinhata; however, such suit having been withdrawn by the plaintiff [petitioner in W.P. No.19078 (W) of 2007], formal approval ought to be accorded without imposing any condition.
In course of hearing of this writ petition on 6th February, 2015, it transpired that after withdrawing the suit the plaintiff presented W.P. No.19078 (W) of 2007. In view of such position, both the writ petitions were directed to be heard together.
The suit having been withdrawn and since W.P. No.19078 (W) of 2007 stands dismissed as not pressed, the district inspector shall issue formal approval of the petitioner's appointment with effect from 27th April, 2007 in accordance with law and without imposing any unreasonable condition, within two weeks from date of receipt of a copy of this order.
With this direction, W.P. No.32829 (W) of 2014 stands disposed of. There shall be no order for costs. ACO Photostat copy of this order duly countersigned by the Assistant Court Officer shall be retained with the records of W.P. No. 19078 (W) of 2007.
Urgent photostat certified copy of this order, if applied for, be furnished expeditiously.
(Dipankar Datta,J.)