The State Of West Bengal & Anr vs Soma Majumdar & Ors
2023 Latest Caselaw 5903 Cal

197     04.9.2023
&
198                                MAT 1918 of 2011
Ct-08
                                The State of West Bengal & Anr.
                                              Vs.
                                    Soma Majumdar & Ors.

ar                                           with

                                   MAT 1924 of 2011

                                The State of West Bengal & Ors.
                                              Vs.
                                     Chumki Sarkar & Ors.


                       Ms. Tapati Samanta
                                       ... For the Appellants in
                                          both the appeals

                       Mr. Kallol Bose
                       Mr. Sanat Kumar Das
                       Mr. Sujan Chatterjee
                       Mr. Suvodip Bhattacharya
                                        ... For the writ petitioner in
                                            both the appeals


                       1.

We have heard the learned counsel

appearing for the parties.

2. Learned counsel for the State has

submitted that during the pendency of the

appeal all service benefits have been extended to

the writ petitioner and the writ petitioner has

rejoined the service.

3. In view of the acceptance and compliance

of the judgment of the learned Single Judge by

the State appellants and having regard to the

fact that the writ petitioner's service has been

restored in terms of the order 11th May, 2011

and the writ petitioner has been continuously

working since then, we do not propose to

interfere with the order passed by the learned

Single Judge.

4. On such consideration, the appeal fails.

5. In view of the aforesaid order the appeal

being MAT 1918 of 2011 and MAT 1924 of 2011

stand dismissed.

6. However, there shall be no order as to

costs.

7. Urgent Photostat certified copy of this

order, if applied for, be given to the parties on

usual undertaking.

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