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Calcutta High CourtWPA/12700/2026disposed

Amit Kumar Das And ORS v. State Of West Bengal And ORS.

2026-06-22Hon'Ble Justice Amrita Sinha2 pages

22nd June, 2026 In the High Court at Calcutta Item no.D/L 16 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 12700 of 2026 In the matter of:

Amit Kumar Das & Ors.

.... Petitioners VS.

The State of the West Bengal & Ors.

....Respondents For the Petitioners:

Mr. Supriyo Chattopadhyay Mr. Sudip Kumar Maiti Ms. Debosree Chatterjee ....Advocates For the State:

Mr. Debapriya Gupta Mr. Madhu Jana ....Advocates

1. The petitioners participated in the recruitment process initiated by the respondent authorities in 2003-04. Being unsuccessful therein, they challenged their elimination by filing writ petition which stood allowed. An appeal against the same stood dismissed up to the Supreme Court level. The petitioners were ultimately given appointment in 2011. In the meantime, the employees who were appointed in proper time attained enough seniority.

2. In the instant writ petition, the petitioners pray for grant of notional benefit as well as benefit of seniority. The petitioners claim that they submitted separate individual representation before the Commissioner of Police and allege that the representation has not been considered.

3. Prayer has been made to direct the respondents to take a decision on the petitioners' prayer for grant of notional benefit and seniority.

4. Learned advocate representing the State respondents opposes the submissions and prayer of the petitioners.

5. It has been submitted that none of the petitioners filed any representation before the authority.

6. It has also been submitted that the case number of the petitioners are incorrectly mentioned in the representation alleged to have been filed by the petitioners before the Commissioner of Police.

7. Upon hearing the submissions made on behalf of both the parties and on perusal of the documents placed before the Court, it appears that there is no proof of service of the subject representation seeking notional benefit and seniority.

8. In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioners to file independent representation with proper facts, figures and supporting documents in respect of their respective claims.

9. In the event such a representation is made, then the same shall be considered by the competent authority in accordance with law.

10. The writ petition stands disposed of.

11. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)