State Of West Bengal & Ors vs Prabir Patra & Ors
2023 Latest Caselaw 4079 Cal

18
Court
No. 8
G.S.Das
          04.07.2023
                                          MAT 1691 of 2016
                                               With
                                  CAN 1 of 2016 (Old No. CAN 10826 of 2016)
                                  CAN 2 of 2016 (Old No. CAN 10827 of 2016)

                                          State of West Bengal & Ors.
                                                     -Vs-
                                              Prabir Patra & Ors.


                       Mr. Santan Panja
                                                    ... for the Appellant
                       Mr. Biswarup Biswas
                                                    ... for the respondent

It appears that the appellants have virtually

abandoned the appeal.

Learned Counsel for the respondent/writ petitioner

has produced before this Court the two communications

dated 3rd January, 2014 and 19th December, 2015 showing

progress with regard to the appointment of the writ petitioner

on compassionate ground. The said two communications are

taken on record.

It appears that a fresh writ petition was filed in the

year 2019 being WPA 23000 of 2019 in which an order was

passed on 7th September, 2022 by the Learned Single Judge

recording that in view of the pendency of the appeal, this

matter cannot be decided.

The Learned Single Judge, in our view, was right in

declining any relief in view of the pedency of this appeal. The

conduct of the appellants is completely unsatisfactory. The

appeal was preferred after 1114 days delay. An application

for condonation of delay has been filed on 4th November, 2016

without any attempt being made to move the said application.

It appears from the communications dated 3 rd

January, 2014 and 19th December, 2015, that the appellants

have accepted the Judgment and are in the process of

implementing the said judgment.

Accordingly, we direct the District Inspector of

Schools, Purba Medinipur to be personally present with a

Report as to the steps taken by the said authority for

implementation of the Order passed by the Learned Single

Judge.

Let the matter appear after one week, i.e. 11 th July,

2023.

(Uday Kumar, J.)                          (Soumen Sen, J.)