Biswanath Mandal vs The West Bengal State Electricity
2023 Latest Caselaw 1845 Cal

20.03.2023             IN THE HIGH COURT AT CALCUTTA
  DL-14              CONSTITUTIONAL WRIT JURISDICTION
   (PP)                     APPELLATE SIDE
                              WPA 3831 of 2023

                             Biswanath Mandal
                                    Vs.
                      The West Bengal State Electricity
                     Distribution Company Limited & Ors.

                     Mr. Arindam Chattopadhyay,
                     Ms. Lipika Chatterjee,
                     Mr. Soumik Dey
                                            ....for the petitioner.

                     Mr. Sumit Ray
                                                      ....for WBSEDCL.


                  Affidavit of service filed in Court today be

             retained with the records.


                  The petitioner was an employee with West

             Bengal     State    Electricity      Distribution     Company

             Limited (in short "WBSEDCL"). A criminal case was

             registered against the petitioner on November 9,

             2011. The petitioner was taken into judicial custody

             on May 10, 2012 and was released on bail on June 8,

             2012. The petitioner resumed his service on June 9,

             2012 after being released from judicial custody. By a

             judgment and order dated March 26, 2018, the

             petitioner was honourably acquitted from the offence

             by the learned Additional District & Sessions Judge,

             2nd Fast Track Court, Jangipur, Murshidabad. By an

             order    dated     February   23,      2021   passed     by    a

             coordinate    Bench     of    this     Hon'ble      Court,    the
                      2




respondents/WBSEDCL was directed to consider the

petitioner's representation for being granted the

terminal benefits after giving all promotional benefits,

leave salary and leave encashment benefits to the

petitioner. The representation of the petitioner was

considered and a reasoned order was passed by the

General Manager (HR & A), WBSEDCL.

Mr. Chattopadhyay,, learned counsel appears on

behalf of the petitioner and submits that despite the

order dated February 23, 2021, the petitioner was not

given the benefits of the third level promotion. The

petitioner was held to be eligible to be considered for

third level promotion as per the rules of the company,

but the same was not granted to the petitioner.

Mr. Ray, learned counsel appearing on behalf of

WBSEDCL submits that necessary instructions are

required to be taken in this regard.

Considering the submissions of the parties and

the materials placed on record, this Court directs the

respondent no.5/the Divisional Manager or any other

authority delegated by him to file a report on affidavit

by April 13, 2023 on the issue why the benefits of the

third level promotion have not yet been granted to the

petitioner despite the order of the General Manager

dated March 24, 2021.

Exception, if any, to the report be filed by April

21, 2023.

Let the matter appear for further consideration

under the same heading "Motion" on April 24, 2023.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)