Mantu Kumar Prodhan vs The State Of West Bengal & Ors
2023 Latest Caselaw 7154 Cal

     27.
16-10-2023
(Ct. no.06)
 debajyoti
                 IN THE HIGH COURT AT CALCUTTA
                     Civil Appellate Jurisdiction
                           APPELLATE SIDE

                              MAT 1686 of 2023
                                    +
                             IA NO:CAN/1/2023

                         Mantu Kumar Prodhan
                                   Vs.
                     The State of West Bengal & Ors.

              Ms. Rita Patra,
              Ms. Pusmita Das
                                         ... For the Appellant.

              Mr. Lalit Mohan Mahata, learned A.G.P.,
              Mr. Rudranil De
                                      ... For the State.

              Mr. Koushik Chatterjee,
              Mr. Nilanjan Adhikari
                                        ... For Respondent Nos.4 & 5.

By a judgment and order dated November 25, 2021, a learned Judge of this Court had dismissed an application for restoration of the appellant's writ petition, which had been dismissed for default earlier. The appellant had subsequently filed an application for recall of the order dated November 25, 2021, being CAN 3 of 2022. That application was also dismissed by the learned Single Judge by an order dated March 17, 2023.

Challenging both the orders, the writ petitioner has come up before us by way of this appeal.

In essence, the claim of the appellant is for pensionary benefits. The State says that the appellant, although appointed in a sanctioned post, has not served the minimum period which would

entitle him to pensionary benefits. The stand of the Municipality is not clear from the oral submission made by learned counsel.

The learned Single Judge did not call for affidavits. Hence, the respective stands of the State and the Municipality are not on record. We are of the view that affidavits should be filed by them.

Let Affidavit-in-Opposition to the stay petition be filed by November 22, 2023, with advance copy to learned advocate-on-record for the appellant. Reply thereto, if any, be filed by November 29, 2023.

List the matter once again on November 30, 2023 under the heading "Applications", but as the last item.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)