Calcutta State Transport Corporation & ORS v. Ashoke Kumar Dutta & ANR

FMA 30 of 2019

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi FMA 30 of 2019 With IA No.: CAN 1 of 2019 (Old No.:CAN 1957 of 2019) Calcutta State Transport Corporation & Ors.

Vs.

Ashoke Kumar Dutta & Anr.

For the appellants : Mr. Amal Kumar Sen, Advocate Mr. Sabyasachi Mondal, Advocate For the respondent no.1/ : Mr. Manas Kumar Ghosh, Advocate Writ petitioner Ms. Susmita Dey (Basu), Advocate Heard & Judgment on : September 2, 2024 DEBANGSU BASAK, J.:-

1. Appeal is directed against an order dated September 26, 2018 passed in W.P. 13084 (W) of 2018.

2. It is submitted at the bar that, the issues raised in the appeal are covered by the judgment of the Hon'ble Supreme Court rendered in 2023 SCC Online 594 (Calcutta State Transport Corporation & Ors. Vs. Ashit Signed By :

ABHIJIT DAS High Court of Calcutta 2 nd of September 2024 05:44:09 PM Chakraborty & Ors.).

FMA 30 of 2019

3. In such circumstances, FMA 30 of 2019 along with all connected applications are disposed of in terms of the ratio laid down in Ashit Chakraborty & Ors. (supra).

4. It is clarified that the private respondent/writ petitioner herein will be entitled to the same benefits as extended to the writ petitioner in Ashit Chakraborty & Ors. (supra).

5. Interim order stands vacated.

(Debangsu Basak, J.) 6.

I Agree.

(Md. Shabbar Rashidi, J.) (AD) Signed By :

ABHIJIT DAS High Court of Calcutta 2 nd of September 2024 05:44:09 PM