Probhat Kumar Pal v. State Of West Bengal & ORS.

29.09.2021.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 10742 of 2017 IA No. CAN 2 of 2021 (Via Video Conference) Probhat Kumar Pal -versus State of West Bengal & Ors.

Mr. Atarup Banerjee, Mr. Subhas Jana.

...For the Petitioner.

Mr. Supriyo Chattopadhyay, Mr. Sabyasachi Mondal.

...For the State.

Mr. Anil Kumar Gupta.

...For UGC.

The petitioner prays for a direction upon the respondent authorities to withdraw/cancel/rescind the impugned Memo dated 31st March, 2015 issued by the Additional Secretary, Higher Education Department, Government of West Bengal whereby clarification on eligibility for placement in the post of Reader/Lecturer (Selection Grade) has been mentioned.

An order passed by a Co-ordinate Bench of this Court on 1st March, 2016 passed in W.P. No. 21949 (W) of 2015 (Dr. Sachindra Nath Paul -vs- State & Ors.) with several other writ petitions have been annexed in the connected application filed by the petitioner. It appears from the said order that the impugned Memo dated 31st March, 2015 has been set aside by the Court.

The learned advocate appearing for the writ petitioner submits that the order passed on 1st March, 2016 in the aforesaid writ petition has duly been acted upon.

As it appears that the issue in question has already been set at rest by the order dated 1st March, 2016 passed in the matter of Dr. Sachindra Nath Paul (supra), accordingly, the instant writ petition is disposed of by directing the respondent authorities to consider the individual claim of the petitioner in accordance with law in the light of the observation made in the order of Dr. Sachindra Nath Paul (supra). The respondent shall consider the prayer of the petitioner to re-designate him as an Associate Professor with effect from 1st December, 2011.

The respondent No.4, the Director of Public Instruction shall pass a reasoned order at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall communicate the reasoned order to the petitioner immediately thereafter. The writ petition along with the connected application stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

Amrita Sinha, J.)