Calcutta High Court
Sri Partha Sarathi Sen & Ors vs Registrar General on 16 March, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
W.P.NO.56 OF 2017
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SRI PARTHA SARATHI SEN & ORS.
Versus
REGISTRAR GENERAL, HIGH COURT CALCUTTA & ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date: 16th March, 2017
Appearance
Mr. Shaktinath Mukherjee, Sr. Adv. with
Mr. Mukul Lahiri, Sr. Adv.
Mr. Anirban Pramanick, Adv.
Mr. Joydip Kar, Sr. Adv. with
Mr. Siddhartha Banerjee, Adv.
The Court: Challenge to this writ petition is directed against a
draft gradation list dated November 29, 2016. The petitioners also seek that,
the draft gradation list circulated by the letter dated April 4, 2013 be finalised
forthwith.
The immediate concern is the draft gradation list dated November
29, 2016.
Learned Senior Advocate appearing for the High Court
Administration submits that in absence of the persons named in the draft
gradation list dated November 29, 2016, the writ petition is not maintainable.
He raises other points of maintainability. He submits that, rights of the
persons named in such draft gradation list will stand affected. They ought to
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be heard. They are both necessary and proper parties to the writ petition and
should be added as party respondents.
Having considered the rival contentions of the parties, I am of the view that the persons named in the draft gradation list dated November 29, 2016 are both necessary and proper parties in the writ petition as a decision in the writ petition may affect their rights. They may be added as respondents to the writ petition. Learned Advocate on record for the respondents will provide the addresses of the persons named in such draft gradation list to the learned Advocate on record for the petitioners. Learned Senior Advocate for the respondents submits that such details will be provided by March 20, 2017. Immediately on receipt of such particulars, the learned Advocate on record for the petitioners will amend the cause title of the writ petition. The petitioners will serve a copy of the amended writ petition to the added respondents and will file an affidavit to such effect on the next date of hearing.
Learned Senior Advocate for the respondents submits that, many of the persons named in the draft gradation list are having the addresses which are outside the territorial jurisdiction of the Original Side of this Hon'ble Court.
Under such circumstances, learned Senior Advocate for the petitioner seeks leave to convert the writ petition to the Appellate Side.
Such leave is granted. WP No.56 of 2017 is allowed to be converted to the Appellate Side. The department will treat WP No.56 of 2017 as disposed of so far as Original Side is concerned.
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The writ petition will appear in the Appellate Side on March 28, 2017.
The point of maintainability of the writ petition on other grounds is kept open.
(DEBANGSU BASAK, J.) AKGoswami