The Kolkata Municipal ... vs Sumit Paul & Ors
2023 Latest Caselaw 6937 Cal

10.10.2023
Item No.18.
Court No.6.
   AB
                                  M.A.T. 1636 of 2022
                                          With
                                   IA CAN 1 of 2023

                  The Kolkata Municipal Corporation & Ors.
                                    Vs
                             Sumit Paul & Ors.

                      Mr. Alok Kr. Ghosh,
                      Mr. Arijit Dey           ...for the Appellants.

                      Mr. Raghunath Chakraborty,
                      Mr. M. Ahmed       ......for the Respondents.

This appeal is directed against a judgment and

order dated September 8, 2022, whereby the writ

petition of the respondents herein, being WPA 11677

of 2017, was disposed of by a learned Single Judge of

this Court.

Essentially, the writ petitioners were claiming

overtime allowance and other benefits in terms of DMC

(P)'s Circular No.45/08-09 dated December 8, 2008

and the Municipal Commissioner Circular No.14 of

2009-10 dated June 8, 2009. The writ petitioners are

all Sub Assistant Engineers in the employment of

Kolkata Municipal Corporation.

The learned Judge, by the impugned judgment

and order, has held that the writ petitioners are

entitled to overtime allowance and other benefits in

terms of the aforesaid two circulars and has,

accordingly, directed Kolkata Municipal Corporation to

release the entire benefits, which the writ petitioners

are entitled to, as expeditiously as possible but

positively within eight weeks from the date of

communication of this order.

Being aggrieved, the Kolkata Municipal

Corporation has come up by way of this appeal.

We are of the view that instead of holding

multiple hearings, the appeal should be heard out. We

appreciate that more than a year has gone by after the

learned Single Judge passed the impugned judgment

and order in favour of the writ petitioners. Hence, we

shall give precedence to this matter.

Let requisite number of informal paper books be

filed by the appellants incorporating all papers that

were available before the learned Single Judge, by

November 16, 2023, with a copy to learned Advocate

for the respondents/writ petitioners. All formalities are

dispensed with. Since the private respondents are

represented, Notice of Appeal is deemed to have been

waived insofar as the writ petitioners/respondents are

concerned.

Let the matter be listed on 22.11.2023 as the

first item under the heading "Specially Fixed Matters"

immediately after the applications.

Let no further effect be given to the impugned

judgment and order till the end of November, 2023, or

until further order whichever is earlier.

Let Notice of Appeal be issued to the State.

Kolkata Municipal Corporation shall also serve a copy

of this order on the relevant department of the State

and/or the learned Advocate, who represented the

State before the learned Single Judge.

However, this order or pendency of this appeal

shall not stand in the way of Kolkata Municipal

Corporation considering the claim of the writ

petitioners for overtime allowance and other benefits.

The stay application, being CAN 1 of 2023, is

disposed of.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)