Azad Rahaman Mallick & Ors vs Priyanka Naskar & Ors
2023 Latest Caselaw 7284 Cal

18.10.2023
 SL No.15
Court No.8
    (gc)


                MAT 1796 of 2023
                  CAN 1 of 2023
                  CAN 2 of 2023

             Azad Rahaman Mallick & Ors.
                         Vs.
                Priyanka Naskar & Ors.


                 Ms. Pramiti Bandopadhyay,
                 Ms. Deboleena Ghosh,
                                       ...for the Appellants.
                 Mr. Tarun Jyoti Tewari,
                                  ...for the Writ petitioners/
                                              respondents.

Mr. Subir Sanyal, Mr. Saikat Banerjee, Mr. Ratul Biswas, Mr. Kaushik Chowdhury, ...for the WBBPE.

Mr. B. Bhattacharyya, DSG Ms. Mary Datta, Adv.

...for the UOI.

Mr. Bhaskar Prasad Vaisya, Mr. Nilay Bandopadhyay, ...for the D.P.S.C., Purulia.

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 93 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 1796 of 2023

7. This matter shall appear on 6th December,

2023 along with MAT 873 of 2023.

8. Law notes shall be filed by the appellants

one week before the date fixed for hearing.

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