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Calcutta High Court (Appellete Side)

Tanmay Bandyopadhyay & Ors vs State Of West Bengal & Ors on 16 July, 2015

Author: Biswanath Somadder

Bench: Biswanath Somadder

                                       1



16.07.2015
   (PP)
                         W. P. No.14406 (W) of 2015

                       Tanmay Bandyopadhyay & Ors.
                                  Vs.
                        State of West Bengal & Ors.


                    Mr. Samit Talukdar, Sr. Advocate,
                    Mr. Supratim Laha,
                    Mr. Anindya Bose
                                        ....for the petitioners.

                    Mr. Ayanabha Raha,
                    Ms. Shreya Choudhury
                              .....for the respondent nos.4-17.

Affidavit of service filed in Court today be kept on record. On the prayer of the learned advocate appearing on behalf of the petitioners, this writ petition shall stand dismissed as withdrawn in respect of the petitioner nos.2 to 70 with liberty to the said petitioners to file afresh before the appropriate Bench.

Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the petitioners are rendering regular service for a continuous period in excess of ten years. However, their services have not been regularised. The petitioners state that even under the relevant notification issued by the State, the petitioners were eligible for regularisation.

During the course of hearing, the learned senior counsel representing the writ petitioners draws this Court's attention to a similar matter where an order was passed on 14th May, 2015, in WP 10510 (W) of 2015 (Bikash Tamang & Ors. Vs. State of West Bengal & Ors.). He submits that since the issue sought to be raised in the instant writ petition is identical to the issue raised therein, this matter can be disposed of with a similar direction.

Learned advocate for the State submits that it may be subject to the condition that the petitioners should otherwise be eligible for the posts on the basis of the criteria applicable thereto in the usual course.

In such circumstances, this writ petition is disposed of with a direction upon the State to convene a meeting with the GTA. Any two representatives of the petitioners herein will be invited to attend, for the purpose of deciding the matter relating to regularisation of the services of the petitioners and other similarly placed, subject to the condition as stated hereinabove.

The exercise may be completed within a period of four months from date.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. 3 (Biswanath Somadder, J.)