The State Of W B & ORS v. Kalyan Kishore Pradhan & ORS

to Ct-08 ar 18.01.2024 MAT 1813 of 2017 The State of West Bengal & Ors.

Vs.

Bapi Sarkar & Ors.

with MAT 1814 of 2017 The State of West Bengal & Ors.

Vs.

Md. Allauddin Molla & Ors.

with MAT 417 of 2018 The State of West Bengal & Ors.

Vs.

Kalyan Kishore Pradhan & Ors.

with MAT 419 of 2018 The State of West Bengal & Ors.

Vs.

Manika Dhara Pal & Ors.

Mr. Supriyo Chattopadhyay, Ld. AGP Ms. Iti Dutta ... For the State Appellants Mr. Bikash Ranjan Bhattacharya, Sr. Adv Mr. Bikram Banerjee Mr. Sudipta Dasgupta Mr. Arka Nandi Mr. Saikat Sutradhar ... For the Respondent / Writ petitioner in MAT 1813 of 2017, MAT 1814 of 2017 and MAT 419 of 2018 Mr. Saktipada Jana Mr. Subhajyoti Das ... For the Respondent / Writ petitioner in MAT 417 of 2018 Mr. Bhaskar Prasad Vaisya Mr. Gourav Das ... For the DPSC, South 24 Parganas

1.

Learned counsel appearing for the appellants has submitted that the Government has created supernumerary posts in order to ensure that the services of the writ petitioners are not interrupted. In view of that we dispose of all the appeals with the observation that the petitioners are now being accommodated by creation of supernumerary posts for entitlement of notional benefit for the purpose of pension, provided they are otherwise eligible and they would not be entitled to arrears for the period they did not work.

2. We make it clear that since the State was directed to create supernumerary posts in view of the special facts and circumstance of these cases, this shall not be treated as precedent. 3.

All the appeals stand disposed of accordingly without any order as to costs.

4. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Uday Kumar, J.) (Soumen Sen, J.)