Malay Kumar Das & Ors vs The North Bengal State Transport
2022 Latest Caselaw 1519 Cal

25.03.2022 IN THE HIGH COURT AT CALCUTTA Sl. No.49 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE

WPA 5023 of 2020

Malay Kumar Das & Ors.

Vs.

The North Bengal State Transport Corporation & Ors.

Mr. Sufi Masih Aftab ....for the petitioners.

Mr. Amal Kumar Sen, Mr. Sabyasachi Mondal ...for NBSTC.

Affidavit of service filed in Court today is taken on

record.

After hearing the parties, I find that certain legal

issues fall for consideration inasmuch as there are

altogether six writ petitioners out of whom the writ

petitioner nos.1 and 5 have retired on attaining

superannuation respectively on 31st January, 2015

and 31st January, 2013. The writ petition has been

filed on 13th March, 2020.

In that view of the matter as to whether the writ

petitioner nos.1 and 5 are entitled to the reliefs

claimed is required to be considered in the light of the

judgments reported in AIR 1959 SC 798 (Balakrishna

Savalram Pujari Waghmare & Ors v. Shree

Dhyaneshwar Maharaj Sansthan & Ors.), (1995) 5

SCC 628 (M. R. Gupta v. Union of India & Ors.),

(2008) 8 SCC 648 (Union of India & Ors. v. Tarsem

Singh) and (2016) 13 SCC 797 (Asger Ibrahim Amin v.

Life Insurance Corporation of India).

The matter is adjourned till 12th April, 2022 to

enable the learned advocate representing the parties

to consider and delve into the legal provisions, as

referred to hereinabove.

(Arindam Mukherjee, J.)