Nikhil Krishna Dutta & Ors vs Swarnamoyee Dutta & Ors
2023 Latest Caselaw 4226 Cal

14.07.2023
Item No.36ML
Ct. No.5
CHC
                                    W.P.ST 190 of 2014

                              Nikhil Krishna Dutta & ors.
                                          Vs.
                              Swarnamoyee Dutta & ors.


                 Mr. Uttiya Ray
                             ...for the added private respondents

None appears for the petitioners.

None appears for the State.

Learned advocate appearing for the added

respondents draws the attention of the Court to the

contents of the order dated July 4, 2023 of the

Tribunal. He submits that, the petitioners enjoyed

benefits in terms of the interim order dated August

27, 2014.

The impugned order in the present writ

petition dated November 7, 2013 issued the following

directions:-

(i) The Order dated 18.08.2011 regarding

creation of 204 supernumerary posts of UDC

in the Birbhum Collectorate shall be

scrutinized by the Finance Department.

(ii) If creation of such supernumerary posts is

considered not justified, consequential action

should be taken in respect of the persons

who had been granted benefit under Order

dated 18.08.2011. In that case, the prayer of

the petitioners cannot be considered.

(iii) If the Finance Department finds that the

creation of supernumerary post is justified

and accordingly accords its approval to such

creation, the case of the petitioners must be

considered and they shall be given the

benefit of promotion to the post of UDC with

effect from the dates on which their

immediate juniors wee promoted and all

consequential financial benefits as extended

under Order dated 18.08.2011 shall also be

extended to the petitioners. Their retirement

benefits shall also be revised accordingly.

(iv) The entire exercise in terms of this judgment

shall be completed within a period of 6 (six)

months from the date of communication of

this judgment.

The interim order dated August 27, 2014

passed by the High Court in the writ petition directed

stay of operation of the impugned order of the

Tribunal.

State will submit a report as to the benefits

that writ petitioners obtained by virtue of the

impugned order dated August 27, 2014 on the next

date.

In view of the State not being represented it

would be appropriate to request the learned advocate-

on-record for the added respondents to serve a copy of

this order upon the learned Government Pleader for

compliance.

List the writ petition on July 19, 2023.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)