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School Council & Anr vs Sanjib Kumar Biswas & Ors on 12 September, 2013

The learned Counsel of the respondent Council has also specifically submitted that though the appointments have been made in favour of the petitioners of the earlier writ petitions being C.R. No.2522(W) of 1982 (Sirajul Haque Mallick & Ors. vs. State of West Bengal & Ors.), C.O. No.11154 (W) of 1989 (Dibakar Pal & Ors vs. State of West Bengal & Ors.) and C.R. No.11838 (W) of 1989 (Sristidhar Biswas & Anr. vs. State of West Bengal & Ors.) but similar relief cannot be granted to the petitioners herein particularly to the 82 writ petitioners whose numbers having been specifically mentioned in paragraph 3 (Clause XVIII) of the affidavit-in-opposition filed on behalf of the Council on the ground that the said 82 petitioners cannot be allowed to take benefits of illegal order. In this connection the principle of estoppel springs into action.
Calcutta High Court (Appellete Side) Cites 10 - Cited by 0 - G C Gupta - Full Document

Kalidas Kushari vs The State Of West Bengal & Ors on 20 July, 2021

In absence of any challenge being thrown to the alleging supersession in the matter of grant of gradation list for promotion to the applicant, we feel that the learned Tribunal, by relying upon the decisions of our Court in the case of Sristidhar Biswas & Anr. vs. State of West Bengal & Ors. reported in 2001 4 (1) CHN 524 and the judgment of the Hon'ble Supreme Court in Kakali Basu Chatterjee vs. The State of West Bengal & Ors. (in Special Leave to Appeal (C) No. 11597 of 2018), denied such benefit to the writ petitioner. It is elementary that any discrimination must emanate from the record and it is the duty and responsibility of the applicant to show that there has been discrimination. The petitioner cannot ride on the shoulder of Ashoke Kumar Paul to obtain a benefit after a lapse of almost eight years since the preparation of the initial gradation list without making out any case of supersession or illegalities in the preparation of the gradation list.
Calcutta High Court (Appellete Side) Cites 4 - Cited by 0 - Full Document

Sri Tapan Kumar Pan & Ors vs The State Of West Bengal & Ors on 30 April, 2008

21. The decisions cited by the learned counsel of the petitioners were sought to be distinguished by the learned counsel for the respondents on the ground that relief was granted to the employees in none of these case upon determination of any right of such employees by way of adjudication in a Court of Law. Such right has not been established in any of the cases where benefits of repatriation or enhancement of scale of pay was granted to the employees who were sought to be absorbed in municipalities from erstwhile gram panchayats. The submission of the respondents is that in the cases of K. I. Shepherd & Ors. (supra), K. Pravakar Rao (supra) and Sristidhar Biswas & Anr. (supra), the rights of the petitioners were anchored in judicial pronouncements already establishing such rights. It was argued on behalf of the respondents that in the factual context of the present case, the rights of the petitioners to be repatriated to the panchayats or for enhanced financial benefits has not been established in its finality in any judicial pronouncement.
Calcutta High Court (Appellete Side) Cites 8 - Cited by 1 - A Bose - Full Document

(Sristidhar Biswas & Ors vs The State Of West Bengal & Ors.) on 11 June, 2014

11.06. 2014 rrc W. P. 15314 (W) of 2014 (Sristidhar Biswas & Ors. Vs. The State of West Bengal & Ors.) Mr. Sibnath Ganguly ....For the petitioners Mr. Sajal Kumar Pandit ....For the State Mr. Soumyadeep Biswas ....For the respdt. nos. 6 to 11 Since the Sub-Divisional Officer (Sadar), Krishnagar, Nadia by his memo dated 19th May, 2014 has requested the Block Land & Land Reforms Officer, Krishnagar-I Block (hereafter the 'B.L. & L.R.O.') to conduct enquiry in connection with the claim raised by the petitioners' advocate in his notice dated 9th April, 2014, annexure p/20 to the writ petition, the proceedings shall be taken to its logical conclusion in accordance with law at an early date.
Calcutta High Court (Appellete Side) Cites 1 - Cited by 1 - D Datta - Full Document
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