Calcutta High CourtRVW/66/2024disposed

Sanghamitra Ghosh v. The State Of West Bengal And ORS.

2024-11-22Hon'Ble Justice Rajasekhar Mantha3 pages

22.11.2024 Court No.13 Item No. 22 sp RVW 66 of 2024 With CAN 1 of 2024 In W.P.A. No. 1995 of 2024 Sanghamitra Ghosh

Versus

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal ...For the petitioner/applicant.

Mr. Tapan Kr. Mukherjee, Ms. Sangeeta Roy ..for the State

1. Affidavit-in-reply filed in Court is taken on record.

2. Review is sought of this Court's order dated 7th February, 2024 passed in WPA 1995 of 2024.

3. The facts and circumstances of the said order are already recorded therein. The portion of the order of which review is sought is which holds that the petitioner's service came to an end with effect from 30th January, 2022. The petitioner has taken out the review application bringing on records several documents to indicate that the service of the petitioner was extendable until 60 years of age. The renewal of the petitioner's service is a mere technicality and routine in nature.

4. This Court is of the view that the aforesaid issue may be agitated by the petitioner in an independent writ application. For such purpose, the observation of

this Court in the order dated 7th February, 2024 in the end of paragraph 16, i.e., the petitioner's contract of engagement as a "State Statistical Manager" must be deemed to have come to an end with effect from 30th January, 2022 shall stand deleted. The issue as regards automatic renewal of the petitioner's contract of service until the age of 60 and the petitioner's right and entitlement thereto and the obligation of the State to renew the petitioner's contract of service is left open for being decided in an independent writ application which the petitioner may file, if so advised. For such purpose, the recruitment notice for the post of State Statistical Manager dated 17th October, 2022 or any further notification to fill up the post shall remain stayed only for a period of 2 months from date.

5. With the aforesaid observations, RVW 66 of 2024 shall stand disposed of.

6. In view of the above, CAN 1 of 2024 shall also stand 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.)