Priyanka Tarafdar vs Union Of India & Ors
2023 Latest Caselaw 2773 Cal

   89.
20.4.2023
   S.D.

                                     W.P.A. 2010 of 2023
                                            With
                                       CAN 1 of 2023

                                   Priyanka Tarafdar
                                           Vs.
                                  Union of India & Ors.

                  Mr. Sabyasachi Chatterjee
                  Mr. Sandipan Das
                  Mr. Badrul Karim
                  Mr. Kiron Sk.
                                               ..For the Petitioner
                  Mr. Sujoy Kumar Mondal
                  Mr. Lal Ratan Mondal
                                    ...For the Respondent Nos. 3 to 6

Mr. Sujit Bhunia ...For the Union of India

Supplementary affidavit as handed over in Court today

is retained with the records.

The present writ petition relates to the transfer of the

petitioner from Kolkata office to Mumbai office. The

petitioner has joined the transferred place of posting. The

question of maintainability was challenged by the respondents

CAPEXIL/employer. By an order dated July 5, 2005, a

Coordinate Bench of this Hon'ble Court held that CAPEXIL is

not amenable to writ jurisdiction since it was neither an

instrumentality of the State nor any other authority within the

meaning of Article 12 of the Constitution of India.

The Hon'ble Division Bench of this High Court vide a

judgment and order dated May 15, 2007 passed in APO 490 of

2005 held CAPEXIL to be amenable to writ jurisdiction

holding it to be an authority within the meaning of Article 12

of the Constitution of India since CAPEXIL was discharging a

public duty.

The Hon'ble Supreme Court by an order dated March

13, 2019 recorded the settlement between the parties and set

aside the order of the Hon'ble High Court, but directed

CAPEXIL to pay the amount as per the settlement to the writ

petitioner in W.P. 1255 of 2005 as expeditiously as possible.

Since the issues in that writ petition were settled by way of an

out of Court settlement between the parties, the issue whether

CAPEXIL is or is not an instrumentality of the State remains to

be determined.

In such view of the matter, let an affidavit-in-opposition

be filed by the respondents within six weeks from date. Reply

thereto, if any, be filed within two weeks thereafter.

Parties will be at liberty to mention the matter for

hearing upon expiry of the time stipulated for exchange of

affidavits.

CAN 1 of 2023 is an application for early disposal.

Since the Court has taken up the matter and pass

directions for affidavits, CAN 1 of 2023 is disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)