Calcutta High Court (Appellete Side)
Gopinath Halder & Ors vs Priyanka Naskar & Ors on 12 October, 2023
MAT 1873 of 2023
Item-40. CAN 1 of 2023
12-10-2023
CAN 2 of 2023
sg CAN 3 of 2023
Ct. 8
Gopinath Halder & Ors.
Versus
Priyanka Naskar & Ors.
Mr. Anindya Lahiri, Adv.
Ms. Pranati Das, Adv.
...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.
In Re: CAN 1 of 2023 and CAN 2 of 2023
2. The application for condonation of delay being CAN 1 of
2023 along with the application for leave to prefer the
appeal, being CAN 2 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 7 th
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 7 th 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 101 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 1 of 2023 is accordingly disposed of.
6. The application for leave to prefer an appeal, being CAN 2
of 2023 is, accordingly, disposed of.
In Re: CAN 3 of 2023
7. In view of the order passed by the Hon'ble Supreme Court
on 7th July, 2023 by which the interim order of the Division
Bench was set aside to the extent of issuance of the direction
to conduct the selection afresh, there is no need to pass any
separate order for stay of operation of the said order. The
prayers made in this petition have been adequately taken care
of in the order dated 7th July, 2023. CAN 3 of 2023 is, thus,
disposed of.
In Re: MAT 1873 of 2023
8. In spite of service Mr. Kumar Jyoti Tewari, learned Counsel
appearing on behalf of the writ petitioner is not represented.
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.)
