Biplab Mukherjee & Ors vs Indian Institute Of Engineering
2021 Latest Caselaw 677 Cal

 28.01.2021
Item no. 107
  Aloke             (Through Video Conference)
 Ct. no.07
                              WPA 502 of 2021

                        Biplab Mukherjee & Ors.
                                  Versus
                     Indian Institute of Engineering,
                      Science & Technology & Ors.



                    Ms. Nandini Mitra
                    Mr. Sanjay Saha
                                        ... for the petitioners

                    Ms. Anima Das Chakrraborty
                                    ...for the State

                    Mr. Subrata Mukhopadhyay
                    Ms. Basabi Raicyoudhury
                               ... for the respondent nos. 1 to 5

Mr. Y.J. Dastoor, ld. ASG Mr. Rajdeep Biswas Mr. Santanu Chatterjee ... for the respondent no. 6

An office order dated May 5, 2017 issued by the

Assistant Registrar of IIEST on the basis of the

directive of the Director of that Institute and a letter

dated June 7, 2017 issued by the Under Secretary

(NITs), Government of India, Ministry of Human

Resource Development are the subject matters of

challenge in this writ petition

The background of the case culminating in the

present writ petition would appear from the judgment

and order dated September 16, 2020 whereby WP

14012 (W) of 2017 and WP 1209 (W) of 2014 were

disposed of.

I have heard learned counsel for the parties.

By the judgment and order dated September 16,

2020, it was directed that "the present

employment/service status of the petitioners shall

continue for a period of four (4) months from date or

until such time a competent forum passes an order

touching the service status of the petitioners,

whichever is earlier."

It was also observed in the said judgment that the

petitioners could challenge the communication dated

June 7, 2017 issued by MHRD by way of a fresh writ

petition. That is what has been done now. In all

fairness, the present employment/service status of the

writ petitioners should remain unaltered till disposal of

this writ petition and I direct so. In other words, the

service status of the writ petitioners would not be

altered to their detriment in any manner pending

disposal of this writ petition.

Let affidavits be exchanged.

Let affidavit-in-opposition be filed within four

weeks from date; reply, if any, be filed within two

weeks thereafter.

List the matter after seven weeks before the

appropriate Bench.

(Arijit Banerjee, J.)