Arindam Nayak & Ors vs Priyanka Naskar & Ors
2023 Latest Caselaw 7066 Cal

12.10.2023
 SL No.63
Court No.8
    (gc)


               MAT 1974 of 2023
                 CAN 1 of 2023
                 CAN 2 of 2023

              Arindam Nayak & Ors.
                       Vs.
              Priyanka Naskar & Ors.


                Mr. Anant Kumar Shaw,
                Mr. Mainak Ganguly,
                Mr. Shankar Mukherjee,
                                      ...for the Appellants.
                Mr. Saikat Banerjee, Adv.
                Mr. Ratul Biswas, Adv.
                Mr. Kaushik Chowdhury, Adv.
                                         ...for the WBBPE.
                Mr. B. Bhattacharyya, DSG
                Mr. Mary Datta, Adv.
                                            ...for the UOI.


             1. Affidavit of service filed in Court today is

                taken on record.

                 Re: CAN 1 of 2023
                        With
                    CAN 2 of 2023


             2. The application for condonation of delay

                being CAN 2 of 2023 along with the

                application for leave to prefer the appeal,

                being CAN 1 of 2023 are taken up together

                in presence of the respondents.

3. This application for leave to prefer an

appeal is necessitated by reason of the

order of the Hon'ble Supreme Court on 7th

July, 2023. The persons similarly placed as

that of the present applicants/appellants

approached the Hon'ble Supreme Court

against the judgment and order dated 19th

May, 2023 in which an order was passed

on 7th July, 2023. The Hon'ble Supreme

Court accepted the contention of the

petitioners that the order passed by the

learned Single Judge was without joining

them as party and without hearing them

even in a representative capacity, though

they are working since more than five

years. The view expressed was prima facie

and on that basis, the interim order of the

Division Bench to the extent of issuance of

the direction to conduct the selection

afresh, was set aside.

4. It is not in dispute that the petitioners are

similarly placed as that of Tuhin Kumar

Haldi & Ors., the appellants in Special

Leave to Appeal (C) Nos. 13024-

13026/2023.

5. There is delay of 113 days in preferring the

appeal. Moreover, we are satisfied with the

explanation for not being able to prefer the

appeal within the period of limitation. On

such consideration, we allow the

application for condonation of delay. CAN 2

of 2023 is accordingly disposed of.

6. The application for leave to prefer an

appeal, being CAN 1 of 2023 is,

accordingly, disposed of.

Re: MAT 1974 of 2023

7. In spite of service Mr. Kumar Jyoti Tewari,

learned Counsel appearing on behalf of the

writ petitioner is not represented.

8. However, in similar matters in which Mr.

Tarun Jyoti Tewari, learned Counsel

represented the writ petitioners, all

connected matters are directed to be listed

on 6th December, 2023. This matter shall

also appear on 6th December, 2023 along

with MAT 873 of 2023.

9. The learned Counsel for the appellants

shall communicate this order to Mr. Kumar

Jyoti Tewari and Mr. Tarun Jyoti Tewari,

learned Counsel representing the writ

petitioners for information and doing the

needful.

10. Law notes shall be filed by the

appellants one week before the date fixed

for hearing.

(Uday Kumar, J.) (Soumen Sen, J.)