Calcutta High Court (Appellete Side)
Sri Mukta Pada Biswas vs The State Of West Bengal & Ors on 14 November, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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11.2017
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68
In the High Court at Calcutta
Constitutional Writ Jurisdiction
(Appellate Side)
W.P.No.8836(W) of 2017
Sri Mukta Pada Biswas
Vs.
The State of West Bengal & Ors.
Mr.Amales Ray
Ms.Mousumi Bhowal .. for the petitioner.
Md.Yasin Ali
Ms.Tapati Samanta .. for the respondent no.4.
The petitioner in this writ petition is assailing the impugned decision, being Memo No.2266/L.S/6C /Lib-70/2014 dated 22.11.2016 passed by the Director of Library Services, West Bengal thereby rejecting the petitioner's prayer for granting the benefit of higher scale of pay as the petitioner already enhanced his qualification in the light of the order passed in Civil Appeal Nos.6967-6970 of 2009 (State of West Bengal & Ors. vs. Shibnath Koley & Ors.) passed by the Hon'ble Apex Court as well as the Notification, being Memo No.862(4)/LS/OM/Lib-23/2014 dated June 10, 2014.
Mr.Amales Ray, learned advocate appearing for the petitioner, submits that unfortunately at the time of taking decision the Director of Library Services, West Bengal failed to consider the order passed by the Hon'ble Apex Court in the case of State of West Bengal & Ors. vs. Shibnath Koley & Ors. Mr. Ray further submits on the contrary that the Director of Library Services, West Bengal 2 rejected the petitioner's prayer on the ground that one Special Leave Petition, being SLP No.8558-61 of 2015 (Pradip Kumar Karak & Ors. vs. State of West Bengal & Ors.) is pending before the Hon'ble Apex Court. Mr.Ray also submits that the petitioner is similarly circumstanced with Shibnath Koley, but the petitioner's case cannot be considered as per the decision of Pradip Kumar Karak & Others' case, which is pending before the Hon'ble Division Bench of this Court pursuant to the direction of the Hon'ble Apex Court. This submission of Mr.Ray is not disputed by Mr.Yasin Ali, learned advocate appearing for the D.L.O., the respondent no.4. Mr.Ray submits that since the petitioner's grievance has not been considered as per the direction of the Hon'ble Apex Court, therefore, Court may direct the respondent authorities to reconsider the matter in accordance with law.
After considering the submissions made on behalf of the respective parties and after perusing the records, I find that the petitioner's case has not been considered according to the decision of the Hon'ble Apex Court's order in the case of State of West Bengal & Ors. vs. Shibnath Koley & Ors. as well as the Notification dated June 10, 2014.
In my considered view since the petitioner's case has not been considered in the light of the judgement and order passed in Civil Appeal Nos.6967-6970 of 2009 (State of West Bengal & Ors. vs. Shibnath Koley & Ors.) as well as the Notification dated June 10, 2014, the impugned order dated 22.11.2016 passed by the Director of Library Services, West Bengal cannot be sustained in 3 accordance with law. Accordingly, the impugned order dated 22.11.2016 passed by the Director of Library Services, West Bengal is hereby quashed and set aside.
The Director of Library Services, West Bengal is directed to revisit the issue and take a decision within six (6) weeks from the date of communication of this order in the light of the decision in State of West Bengal & Ors. v. Shibnath Koley & Others' case as well as in the light of the Notification dated June 10, 2014 as stated above and after giving an opportunity of hearing to the petitioner of his authorised representative and, thereafter, communicate the decision to the petitioner within one week thereafter.
With the above directions, W.P.No.8836 (w) of 2017 stands disposed of. However, there shall be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
(Samapti Chatterjee, J.)