Calcutta High Court (Appellete Side)
An Application Under Article vs The State Of West Bengal & Ors on 18 June, 2015
Author: Nishita Mhatre
Bench: Nishita Mhatre
18.06.2015 Item No. 04 Ct. No.17 AB A.S.T. 114 of 2015 In the matter of: An application under Article 226 & 227 of the Constitution of India filed on 11.05.2015.
In the matter of : Sandip Dasgupta
- versus -
The State of West Bengal & Ors. Mr. Arunava Ghosh Mr. Anindya Lahiri Mr. Pushpal Chakraborty .... For the Petitioner Mr. Jayanta Mitra, Ld. Advocate General Mr. Joytosh Majumder Mr. Pinaki Dhole .... For the State The Petitioner was aggrieved by an order deputing him to work in the Gorkhaland Territorial Administration (GTA). It is his contention that since the GTA is not a department of Government he cannot be deputed to that organisation. The Tribunal has upheld the order of deputation and rejected the plea of the Petitioner.
On the request made by the Court the learned Advocate General has looked into the matter and an order has been issued on 10th June, 2015 upgrading the post of Head Clerk in the Darjeeling Division, P.W.D. to Head Assistant. The Petitioner has been transferred has Head Assistant in the office of the Executive Engineer, Darjeeling Division, P.W.D. Mr. Arunava Ghosh, the learned Counsel appearing for the Petitioner on instructions states that the Petitioner will report to the Darjeeling Office on 1st July, 2015. However he states that the Petitioner's absence because of an illegal order of deputation should not be adjusted against the leave to his credit especially since the order had been stayed from 5th December, 2013 to 23rd April, 2015. The learned Counsel for the Petitioner states that the Petitioner has not been paid his salary.
The learned Advocate General states that the State would look into the grievances of the Petitioner and try and resolve them.
Place the matter on board on 2nd July, 2015.
(Nishita Mhatre, J.) (Asha Arora,J.)