Dipankar Saha And ORS v. Union Of India And ORS.

Form No. J.(2) Item No.57 Pallab/KS AR(Ct.)

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE HEARD ON: 06.05.2025 DELIVERED ON: 06.05.2025

CORAM:

THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS) F.M.A. 655 of 2025 With I.A. No. CAN 1 of 2025 Dipankar Saha & Ors.

Vs.

Union of India & Ors.

Appearance:- Mr. Debashis Kundu .....For the Appellants Mr. Partha Ghosh, Ms. Modhu Jana .....For the Respondents (Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.) 1.

This appeal by the writ petitioner is directed against an order dated 20th January, 2025 passed by the learned Single Bench in W.P.A. No.3945 of 2024 declining to grant interim order.

2.

The learned counsel appearing for the appellants submitted that in other similar matters, interim order has been granted. 3.

We have perused the impugned order and we find that the learned Single Bench assigned certain reasons as to why an interim order cannot be granted. Such exercise of discretion cannot be interfered. That apart, we take note of the submission of the learned advocate appearing for the appellants that other connected matters concerning the very same recruitment are being heard by the Hon'ble Division Bench and the lead case is W.P.A. 14037 of 2024.

4.

In terms of the direction issued by the learned Single Bench, the respondents have filed their affidavit-in-opposition. 5.

Liberty is granted to the appellants/writ petitioners to file affidavit-in-reply within a period of one week from date.

6.

Let the writ petition viz. W.P.A. 3945 of 2024 be tagged alongwith W.P.A. 14037 of 2024 and W.P.A. 13910 of 2024 and heard together. 7.

With the aforesaid observations, appeal alongwith the connected application (I.A. No. CAN 1 of 2025) stand dismissed. 8.

No costs.

9.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(CHAITALI CHATTERJEE (DAS), J.)