Calcutta High Court (Appellete Side)
Smt. Mina Samaddar & Ors vs Sri Bappa Chakraborty & Ors on 2 March, 2022
3&4.
02.03.2022.
Ct. No. 11.
F.B.
MAT 240 of 2022
with
IA No. CAN 1 of 2022
Smt. Mina Samaddar & Ors.
-Vs.-
Sri Bappa Chakraborty & Ors.
With
FMA 857 of 2021
with
IA No. CAN 1 of 2021
with
IA No. CAN 2 of 2022
The Registrar General, High Court at Calcutta & Ors.
-Vs-
Sri Bappa Chakraborty
(Via Video Conference)
Mr. Arunava Ghosh,
Mr. Anindya Lahiri,
Ms. Pranati Das,
Mr. Arkadipta Sengupta
..... For the Appellants in
MAT 240 of 2022.
Mr. Jaydip Kar.
Mr. S. Banerjee
..... For the Appellants in
FMA 857 of 2021.
Mr. Sambuddha Dutta,
Mr. Chandra Sekher Banerjee,
Mr. Shamit Dutta
..... For the Respondent No. 1 in
MAT 240 of 2022 & FMA 857 of 2021.
Party/Parties is/are represented in the order of
their appearance as printed above in the cause title.
Two appeals have come up for analogous
consideration. Out of the two, i.e MAT 240 of 2022 and
FMA 857 of 2021, the latter appeal has been filed
earlier than the former appeal.
In FMA 857 of 2021 the High Court
Administration at Calcutta has challenged the judgment
and order of the Hon'ble Single Bench dated 8th of
March, 2021 in a writ petition of the private respondent
to the said appeal.
By an order dated 17th of December, 2021 this
Court was pleased to pass certain interim directions and
also permitted the parties in FMA 857 of 2021 to
exchange their affidavits to the application in the said
appeal.
This Court is informed that the affidavits have
been exchanged and Informal Paper Book(s), as also
directed by the order dated 17th of December, 2021,
have been prepared and filed by the appellants/the
High Court Administration.
In the next appeal, i.e. MAT 240 of 2022, the
appellants are other Assistant Registrars who also claim
to be affected by the judgment and order of the Hon'ble
Single Bench dated 8th of March, 2021. The additional
prayer made by the appellants in MAT 240 of 2022
relates to their claim to be equally treated in the
promotional exercise at par with the respondent in FMA
857 of 2021/i.e., the original writ petitioner.
Also, the High Court Administration by relying
upon a fresh application being CAN 2 of 2022 in its
appeal being FMA 857 of 2021, prays for leave to fill up
the permanent posts of the Deputy Registrars from the
posts of Assistant Registrars subject to final
adjudication of this appeal.
The parties respectively appearing for the
appellants and the respondents in both the appeals are
heard at length. At the end of the exhaustive hearing,
this Court is of the view that the terms of the order
dated 17th of December, 2021 in FMA 857 of 2021 are
adequate and are required to be maintained till both the
appeals are finally heard out.
Accordingly, at this stage, neither the prayer of
appellants in MAT 240 of 2022 for equal treatment with
the respondents in FMA 857 of 2021 as directed by the
Hon'ble Single Bench vide its final order dated 8th of
March, 2021 is entertained, nor the prayer of the High
Court Administration to conduct a promotional exercise
for filling up the posts of Deputy Registrars is admitted.
However, having regard to the urgency of the
issues raised by the parties as well as the impugned
promotional exercise, this Court permits the appeals to
be listed for consideration next under the heading
"Specially Fixed (Group-VI)" at 2-00 p.m. on the 4th
of April, 2022.
The private respondent in MAT 240 of 2022, who
is also the respondent in FMA 857 of 2021, shall be
permitted to file an affidavit-in-opposition to CAN 1 of
2022 in MAT 240 of 2022 within a period of two weeks
from this date. Affidavit-in-reply to the affidavit-in-
opposition be filed within a period of a week thereafter.
On the next date of hearing, this Court expects
the appellants in MAT 240 of 2022 to file the requisite
number of Informal Paper Book(s) containing
documents relevant to the appeal.
All parties to act in terms of the copy of the
order downloaded from the official website of this Court.
(Krishna Rao, J.) (Subrata Talukdar, J.)
