Sandhan Ghosh & Others vs Sri Goutam Ghosh & Others
2023 Latest Caselaw 4088 Cal

04.07.2023
  rpan/20
                               MAT 723 of 2022
                                        +
                              IA No.: CAN 1 of 2022
                           Sandhan Ghosh & Others
                                   - Versus -
                          Sri Goutam Ghosh & Others


                         Mr. Firdous Samim,
                         Ms. Gopa Biswas,
                         Ms. Payel Shome,
                         Ms. Mousumi Hazra,
                         Ms. Sampriti Saha,
                         Ms. Purba Mukherjee
                                        ... for the Appellants.
                         Mr. Tulshi Das Ray,
                         Ms. Alima Mondal
                               ... for the Respondents/Writ Petitioners.

Mr. Satyajit Talukdar, Ms. Piu Karmakar ... for the KMDA.

The present appeal has been preferred challenging

the judgment dated 24th March, 2023 passed in a writ

petition, being WPA 3789 of 2019.

Mr. Samim, learned advocate appearing for the

appellants, who were the private respondents in the writ

petition, submits that though the writ petitioners were

appointed in Group - 'C' post, they were erroneously

treated as Group - 'B' entrants and as such, they could

not have claimed promotion from Group - 'B' post. The

fact that they were Group - 'C' entrants had also been

admitted by the KMDA authorities. Without considering

such arguments, as advanced, the learned single Judge

erred in law in allowing the writ petition directing KMDA

to give the benefit of promotion to the writ petitioners,

excepting the writ petitioner no.8.

Mr. Talukdar, learned advocate appearing for

KMDA denies and disputes such contention of the

appellants and submits that the judgment impugned in

the present appeal had already been complied with vide

memo dated 22nd June, 2022. Let the said memo, as

produced, be kept on record.

Mr. Ray, learned advocate appearing for the writ

petitioners/respondents submits that there is no infirmity

in the judgment impugned warranting any interference in

the present appeal.

Heard the learned advocates appearing for the

respective parties and considered the materials on record.

As the judgment impugned in the present appeal

has already been complied with by KMDA, question of

issuance of the interim order, as prayed for by the

appellants, does not arise and such prayer is,

accordingly, refused.

The application, being CAN 1 of 2022 is disposed of.

The appellants are directed to file paper books

incorporating all the affidavits, as exchanged by the

parties in the writ petition, along with other documents, if

any produced before the learned single Judge.

Let such paper books be filed within four weeks

with copies to Mr. Talukdar, learned advocate appearing

for KMDA and Mr. Ray, learned advocate appearing for

the writ petitioners/respondents.

The appellants would be at liberty to mention the

matter for final hearing after filing and service of the

paper books.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)