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Calcutta High CourtWPA/1306/2024disposed

Kapil Shaw v. State Of West Bengal And ORS.

2024-06-10Hon'Ble Justice Rajasekhar Mantha2 pages

A-35 Ct No.13 10.06.2024 TN WPA No. 1306 of 2024 Shri Kapil Shaw Vs.

The State of West Bengal and others Mr. Debdutta Raha, Mr. Suvom Dutta .... for the petitioner Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee .... for the State

1. The petitioner was appointed as contingent menial staff by the Director of School Education on compassionate ground on 5th March, 1986.

2. He prayed for regularization of the services and release of salary, before the DI of Schools, Primary Education, Nadia. The DI appears to have recommended his case. It further appears that the DM, Nadia vide order dated 31st January, had also recommended the petitioner's case for regularization.

3. What has been suppressed completely in the instant writ petition is that the petitioner has moved the State Administrative Tribunal for similar reliefs as in the instant writ petition in OA No. 581 of 2019. By an order dated 1st December, 2022, the said application was disposed of directing the respondent to pay arrear of salary and remuneration.

4. The writ petitioner is clearly guilty of suppression of material facts. He is also guilty of forum shopping.

5. In these circumstances, no relief can be granted to the petitioner in the instant proceeding. The instruction of the DI, Nadia is kept on record.

6. The writ petition is disposed of.

7. There shall be no order as to costs.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)