Calcutta High Court (Appellete Side)
Ct. 8 Indrajit Saha & Ors vs Priyanka Naskar & Ors on 23 August, 2023
MAT 1520 of 2023
Item-3. CAN 1 of 2023
23-08-2023
CAN 2 of 2023
sg
Ct. 8 Indrajit Saha & Ors.
Versus
Priyanka Naskar & Ors.
Mr. Kalyan Kumar Bandopadhyay, Ld. Senior Counsel
Ms. Pramity Bandopadhyay, Adv.
Mr. Rahul Kumar Singh, Adv.
...for the appellants
Mr. Tarunjyoti Tewari, Adv.
...for the writ petitioner nos.
18, 19, 90, 129 and 140
Mr. Subir Sanayal, Adv.
Mr. Ratul Biswas, Adv.
...for the Board
Mr. S. Banerjee, Adv.
Mr. A.K. Nag, Adv.
...for the State
Mr. Pramit Bag, Adv.
Mr. Debnath Saha, Adv.
Mr. Subhamay Dewanji, Adv.
Mr. Puspal Chakraborty, Adv.
...for the respondents
Mr. B. Bhattacharya, Ld. SG
Smt. Mary Datta, Adv.
...for UOI
1. The application for condonation of delay being CAN 1 of
2023 along with the application for leave to prefer the
appeal, being CAN 2 of 2023 are taken up together in
presence of the respondents.
2. Mr. Tanunjyoti Tewari, learned Counsel submits that
although he had represented the writ petitioners but presently
he has been instructed to appear on behalf of the writ
petitioner nos. 18, 19, 90, 129 and 140. However, he has
admitted to have been served with a copy of the application
for condonation of delay and the application for leave to
prefer an appeal.
3. This application for leave to prefer an appeal is necessitated
by reason of the order of the Hon'ble Supreme Court on 7 th
July, 2023. The persons similarly placed as that of the
present applicants/appellants approached the Hon'ble
Supreme Court against the judgment and order dated 19th
May, 2023 in which an order was passed on 7 th July, 2023.
The Hon'ble Supreme Court accepted the contention of the
petitioners that the order passed by the learned Single Judge
was without joining them as party and without hearing them
even in a representative capacity, though they are working
since more than five years. The view expressed was prima
facie and on that basis, the interim order of the Division
Bench to the extent of issuance of the direction to conduct
the selection afresh, was set aside.
4. It is not in dispute that the petitioners are similarly placed as
that of Tuhin Kumar Haldi & Ors., the appellants in Special
Leave to Appeal (C) Nos. 13024-13026/2023.
5. There is delay of 56 days in preferring the appeal. Moreover,
we are satisfied with the explanation for not being able to
prefer the appeal within the period of limitation. On such
consideration, we allow the application for condonation of
delay. CAN 1 of 2023 is accordingly disposed of.
6. Mr. Tarunjyoti Tewari, learned Counsel for the writ
petitioner nos. 18, 19, 90, 129 and 140 waives service of
notice of appeal upon the said writ petitioners.
7. Ms. Mary Datta, Mr. Arka Kumar Nag, Mr. Ratul Biswas,
learned Advocates waive service upon the Union of India,
State and WBBPE respectively.
8. The appeal is ready as regards service in respect of the above
respondents.
9. Similar matters involving identical questions of law are fixed
on 4th September, 2023 by an order dated 27th July, 2023.
10. This matter shall be listed along with MAT 890 of 2023,
MAT 874 of 2023 and MAT 873 of 2023 in the monthly
combined of September, 2023 under the heading "For
Hearing" immediately after any continuing part-heard
matters.
11. The parties are directed to file their list of dates and written
notes of argument at least one week prior to the date of
hearing.
12. At this stage, Mr. Pramit Kumar Bag, Advocate appears and
submits that the appeal may be heard along with MAT 1387
of 2023, MAT 1616 of 2023, MAT 1462 of 2023 and MAT
1615 of 2023.
13. Mr. Shaharayar Alam, Advocate has also prayed for
inclusion of MAT 934 of 2023 with CAN 1 of 2023 in the
list and to be heard along with the other matters.
14. In view of the fact that the issues being identical, this matter
shall also be listed along with MAT 1109 of 2023 in the
monthly combined list of September, 2023.
15. In respect of the matters where service of notice of appeal
and filing of paper books are not completed, should be
completed within one week from date.
16. We make it clear that the matters where the service is not
complete, we shall not take up those matters for hearing.
17. The learned Advocates for the parties are directed to take
appropriate steps in this regard.
18. The application for leave to prefer an appeal, being CAN 2
of 2023 is, accordingly, disposed of.
19. The parties shall disclose and exchange their documents,
they wish to rely, on or before 25th August, 2023.
(Uday Kumar, J.) (Soumen Sen, J.)
