Madhumita Dutta & Ors vs State Of West Bengal & Ors
2023 Latest Caselaw 2202 Cal

31.03.2023

PG

W.P.A. 7060 of 2020 With I.A. No. ASTA 1 of 2020 Madhumita Dutta & Ors.

Vs.

State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Ms. Tithi Majumdar ........................for the petitioners

Mr. Alok Kr. Ghosh Mr. S. Panda.......for the KMC

It appears that eight petitioners have joined

together to file one writ petition paying single court fees.

When it was pointed out to the learned advocate for the

petitioners, he prays for leave to put in the deficit court

fees within one week from date.

Such leave is granted.

The petitioners have prayed for regularisation of

their engagement to the post of Laboratory Technicians

with effect from the respective date of joining of the

petitioners. An alternative prayer to the effect that the

petitioners may be allowed to continue till the period of

sixty years with admissible service benefits was also

made.

The petitioners have also prayed for an order for

equal pay with that of the Laboratory Technicians, who

have been engaged in permanent posts.

Mr. Ghosh, learned advocate representing the

Kolkata Municipal Corporation submits that identical

questions of fact and law were raised in W.P.A. 6896 of

2020 and a coordinate Bench of this Court by a

judgment and order dated January 8, 2021 disposed of

the said writ petition. The petitioners in the said writ

petition have preferred an appeal before the Division

Bench, which, according to Mr. Ghosh, has already

been heard and the judgment stands reserved by the

Hon'ble Division Bench. Mr. Ghosh therefore, prays that

this matter may be adjourned till the decision is passed

in the appeal arising out of the judgment and order

dated January 8, 2021 in W.P.A. 6896 of 2020.

Since similar issue is pending consideration

before the Division Bench, this Court is of the view that

the hearing of this matter is adjourned till any decision

is taken by the Hon'ble Division Bench in the pending

appeal.

List this matter in the monthly list of May, 2023.

Affidavit in reply filed in Court today is taken on

record.

(Hiranmay Bhattacharyya, J.)