Calcutta High Court (Appellete Side)
Dr. Haimanti Bakshi ... vs State Of West Bengal & Ors on 18 September, 2023
Dd 8-12 18.09.2023
RVW 168 of 2023
with
I.A NO: CAN 1 of 2023
Dr. Haimanti Bakshi (Chattopadhyay) & Ors.
Vs
State of West Bengal & Ors.
with
WP.ST. 68 of 2021
Dr. Haimanti Bakshi (Chattopadhyay) & Ors.
Vs
State of West Bengal & Ors.
With
WP.ST. 80 of 2021
Milan Kumar Santra & Ors.
Vs
State of West Bengal & Ors.
With
WP.ST. 81 of 2021
Sambhu Ranjan Dutta
Vs
State of West Bengal & Ors.
With
RVW 215 of 2023
+
I.A. No. CAN 1 of 2023
The State of West Bengal & Ors.
Vs
Milan Kumar Santra & Ors.
Mr. Vivekananda Bose,
Mr. Ratikanta Pal, Advocates
... ... For the Appellants
RVW 168 of 2023
/ Petitioners in
WP.ST. 68 of 2021
Mr. Tapan Kumar Mukherjee, AGP
Mr. Pinaki Dhole,
Mr. Somnath Naskar, Advocates
... ... For the State
Mr. Amales Ray,
Ms. Mousumi Bhowal,
Mr. Aman Gupta,
Mr. Ishan Bhattacharya, Advocates
... ...For the Private Respondents
In WP.ST. 68 of 2021
RVW 215 of 2023
And Petitioners in
WP.ST. 80 of 2021
WP.ST. 81 of 2021
Two review applications are taken up for
consideration analogously as they are directed against
the same judgment and order dated June 14, 2023
passed in WP.ST 80 of 2021, WP.ST 68 of 2021 and
WP.ST 81 of 2021.
RVW 168 of 2023 and the connected application
therein are at behest of the writ petitioners in WP.ST 68
of 2021.
RVW 215 of 2023 is at the behest of the State.
The other parties to the three writ petitions are
represented.
We find that we framed two issues in our
judgment and order dated June 14, 2023. We framed
the first issue as follows :-
"(i) Whether irregularly appointed
employees subsequently regularized on October
19, 2005 and working as District Statistical
Officer and Assistant Statistician with the West
Bengal Statistical Service promoted to the post of
Assistant Director/Statistician of West Bengal
Statistical Service can claim seniority to persons
who were appointed as District Statistical Officer
and Assistant Statistician from 1995 onwards and
promoted to the post of Assistant
Director/Statistician?"
The issue, however, should be, whether
irregularly appointed employees subsequently
regularized on October 19, 2005 and working as District
Statistical Officer and Assistant Statistician with the
West Bengal Statistical Service promoted to the post of
Assistant Director/Statistician of West Bengal Statistical
Service can claim seniority to persons who were directly
recruited to the post of Assistant Director/ Statistician
or not?
There is an error apparent on the first issue
We proceeded to deliver our judgment and order
on the basis of first issue as noted above. Since the
actual issue and the framed issue are at divergence, as
is noted above, it would be appropriate to recall the
entire judgment and order dated June 14, 2023 and
hear the three writ petitions afresh on merits.
One of the appearing parties opposed such course
of action being undertaken by the Court.
In such circumstances, RVW 168 of 2023 and
RVW 215 of 2023 are allowed.
WP.ST 80 of 2021 along with WP.ST 68 of 2021
and WP.ST 81 of 2021 will appear in the list on
September 20, 2023.
All connected applications to the review
applications are disposed of.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
