Calcutta High Court (Appellete Side)
Mr. Debojit Samanta... For vs Indian Institute Of Mass Communication ... on 1 August, 2014
Author: Pranab Kumar Chattopadhyay
Bench: Pranab Kumar Chattopadhyay
1
01.08.2014
(33)
DC.
A.S.T. 336 of 2014
with
A.S.T.A. 240 of 2014
Mr. Surojit Samanta
Mr. Debojit Samanta... for Appellants
Ms. Rabindra Nath Pal
Mr. Koustava Ratan Chatterjee
... for Union of India
Re : A.S.T.A. 240 of 2014.
This application has been filed in connection with
the appeal preferred from the judgement and order dated 26th
June, 2014 whereby a Learned Judge of this Court
disposed of the writ petition by sending the matter back to the
appropriate Ministry under the Union of India with a direction
to intimate the Petitioner No. 1 appellant/Association whether
any decision with regard to the grievances of the appellants
herein have already been taken by the concerned department.
The Learned Single Judge further held that if no
such decision has been taken or if the request of the
appellants has already been turned down, then the concerned
authority will pass an appropriate order pursuant to the
decision taken by the Delhi High Court.
The learned Advocate representing the
appellants/petitioners submits that the Delhi High Court has
not taken any decision in the matter where identical issue has
been raised for consideration.
The learned Advocate of the respondents also
admits that Delhi High Court has not taken any decision.
In the aforesaid circumstances, we vary the impugned order under appeal by directing the appropriate authority of the concerned Ministry to take necessary decision on the grievances of the appellants/petitioners without any further delay but positively within a period of six weeks from the date of communication 2 of this order without awaiting for the decision of the Delhi High Court.
The learned Advocate of the appellants/petitioners has cited a decision of the Central Administrative Tribunal, Principal Bench in the case of Association of the Employees of Indian Institute of Maws Communication & Anr. vs. Indian Institute of Mass Communication & Ors. in T.A. No. 1101 of 2009 and submits that the authority concerned while deciding the grievances of the appellants/petitioners should also consider the aforesaid decision of the Central Administrative Tribunal, Principal Bench.
We, therefore, direct the concerned authority to take note of the aforesaid decision of the Central Administrative Tribunal, Principal Bench in T.A. 1101 of 2009 while deciding the grievances of the appellants/petitioners in terms of this order.
The learned Advocate-on-Record of the appellants/petitioners is directed to communicate the gist of this order together with a copy of the aforesaid decision of the Central Administrative Tribunal, Principal Bench to the respondent authorities immediately.
With the aforesaid directions, we dispose of both the application as well as appeal upon treating the said appeal as on day's list.
In the facts of the present case, there will however, be no order as to costs.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Pranab Kumar Chattopadhyay-J.) (Samapti Chatterjee-J.) 3