The State Of West Bengal v. Lakshman Sana & ORS

23.08.2023 Item No.15 Ct. No.5 CHC (disposed of) WP.ST 170 of 2015 The State of West Bengal & ors.

Vs.

Lakshman Sana & anr.

Mr. Tapan Kr. Mukherjee, Sr. Advocate & A.G.P. Mr. Pinaki Dhole, Mr. Somnath Naskar ...for the State/petitioner Mr. Suman Banerjee, Mr. Sujoy Sarkar, Mr. Rahul Chachan ...for the respondent no.1 The writ petition is at the behest of the State assailing an order dated January 31, 2014 passed in O.A.361 of 2014 by the West Bengal Administrative Tribunal.

By the impugned order, the Tribunal allowed the Original Application of the private respondent to the extent that the memo dated July 20, 2011 of the State will not be a bar in regularisation of the private respondent if he satisfied the parameter of such regularisation. Parent department was directed to refer the matter to the Finance Department along with the copy of this order. The Finance Department was directed to act in terms of the observations made by the Tribunal in the impugned order.

Learned advocate appearing for the private respondent submits that the private respondent superannuated from service. The private respondent in any event is not praying for any relief with regard absorption to the parent department.

Petitioner is represented.

In view of the stand taken by the private respondent, the impugned order dated January 31, 2014 passed in O.A.361 of 2013 by the West Bengal Administrative Tribunal is set aside.

WP.ST 170 of 2015 is disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)