Ashok Kumar Gupta vs The State Of West Bengal & Ors
2023 Latest Caselaw 4923 Cal

  81.
09.8.2023
  S.D.

                                  W.P.A. 17709 of 2023

                                 Ashok Kumar Gupta
                                          Vs.
                            The State of West Bengal & Ors.



                  Ms. Srabani Biswas
                                              ...for the petitioner
                  Ms. Deblina Chattaraj
                  Ms. Angana Dutta
                                     ...for the Respondent Corporation

Mr. Suman Dey Mr. Supriya Majumder ...for the State

It is submitted by Ms. Chattaraj, learned counsel

appearing on behalf of the West Bengal State Transport

Corporation (WBTC) that since the petitioner has only prayed

for an interim order for grant of interest on provident fund

dues and other retiral benefits, the Writ Court should not

grant the same relief while granting a writ of mandamus. She

submits that only if final prayer was made by the petitioner,

such prayer would have been considered by the Writ Court.

She relies on a judgment reported in (2010) 11 SCC 557

(Manohar Lal (Dead) By Lrs. Vs. Ugrasen (Dead) By Lrs. &

Ors.) to contend that unless a relief is prayed for by a party,

the same cannot be granted by the Court. She refers to

paragraphs 30 to 33 of the said judgment.

However, since those judgments have not been

produced before this Court, let the matter come up for further

consideration under the same heading "Motion" on August

23, 2023.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)