Ahasanul Hoque vs The State Of West Bengal & Ors
2021 Latest Caselaw 1636 Cal

     08.
03.03.2021.
 Ct. No. 11.
    F.B.

                              FMA 2223 of 2014
                                    with
                            IA No. CAN 1 of 2012
                             (CAN 5558 of 2012)



                              Ahasanul Hoque
                                    -Vs.-
                       The State of West Bengal & Ors.


                     Mr. Arnab Ray
                             ..... For the Appellant.

                     Mr. Sirsanya Bandyopadhyay,
                     Mr. Subhendu Sengupta
                              ..... For the State.

                     Mr. Uttiya Ray
                              ..... For the Respondent

Nos. 2, 3 & 5.

Mr. Ray, Learned Advocate, appears on behalf

of the appellant and, places his submissions.

Mr. Bandyopadhyay, Learned Junior Standing

Counsel, appears for the State Respondents.

Mr. Ray, Learned Counsel, appears for the

Burdwan Zilla Parishad.

The attention of this Court is drawn to the

interim order dated 24th of July, 2012 in this appeal

along with its connected application being CAN 5558

of 2012. By the interim order in CAN 5558 of 2012

dated 24th of July, 2012, the Hon'ble Division Bench

disposed of CAN 5558 of 2012 by, inter alia, holding

that this writ petition claiming promotional benefits

of the writ petitioner/the present appellant is

maintainable through filing of the writ petition before

the Hon'ble Court. Thereby, by the interim order of

24th of July, 2012, the Hon'ble Division Bench

disagreed with the only finding arrived at by the

Hon'ble Single Bench by its judgment and order

impugned in this appeal dated 17th of May, 2012 that

it was not open for the writ petitioner/the present

appellant to invoke the writ jurisdiction of the Hon'ble

Court on the ground that the writ petitioner/the

present appellant is a State Government employee.

The further attention of this Court is drawn to

the fact that in terms of the interim direction of the

Hon'ble Division Bench dated 24th of July, 2012,

affidavits have been exchanged to the writ petition

and are part of the Informal Paper Book in this

appeal prepared and filed by the Learned Advocate

for the appellant.

This Court notices the further fact that this

appeal is pending against an order passed in the year

2012 on a writ petition of 2012. The pendency of this

appeal since 2012 is therefore reason enough to

proceed towards the final hearing of the appeal. The

Informal Paper Books have been completed and

distributed to all the respondents.

Accordingly, each of the parties have placed

their opening submissions.

Let this matter appear under the same heading

Appeals For Hearing next week.

All parties to act in terms of the copy of the

order downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.) (Subrata Talukdar, J.)