Pradip Ranjan Paul & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 7393 Cal

07.11.2022          IN THE HIGH COURT AT CALCUTTA
   ML-2            CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE
   Ct.21
                            WPA 19041 of 2022

                         Pradip Ranjan Paul & Ors.
                                    Vs.
                       The State of West Bengal & Ors.

                   Mr. Manjit Singh,
                   Mr. Gaganjyot Singh,
                   Mr. Biswajit Mal,
                   Mr. Abhishek Bagal
                                                  ....for the petitioners.

                   Mr. Uttam Kedia
                                ....for the respondent nos.1 & 2.

Affidavit of service filed in Court today is

retained with the records.

Mr. Singh, learned counsel, appearing on behalf

of the petitioners submits that they are entitled to

leave encashment benefit as per the Division Bench

judgment of the High Court of Judicature at Bombay

in WP No.3430/2010. He submits that even though

the Leave Encashment Scheme of Coal India Limited

for executive cadre employees stipulates that "credit

shall not be granted for encashment if an employee

resigns from service", the said Division Bench

judgment declared the said rule as ultra vires. He

further submits that subsequent rules have come into

force after 2010. He prays for leave to file a

supplementary affidavit bringing necessary

facts/documents on record.

Let such supplementary affidavit be filed by

November 18, 2022 upon an advance copy served on

the respondents.

Mr. Kedia, learned counsel, appearing for the

respondent nos.1 and 2 prays for leave to file an

affidavit-in-opposition.

Leave as prayed for is granted.

Let a comprehensive affidavit-in-opposition be

filed by December 9, 2022. Reply, if any, thereto by

December 20, 2022.

The point of maintainability of the writ petition is

kept open.

Liberty to mention after the time to exchange

affidavits expires.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)