Principal, Chief Personnel Officer Metro Railway v. National Commissioner For Scheduled Castes And ORS

11th August, (AK) RVW 157 of 2023 in W.P.A 15839 of 2023 The Metro Railway and others Vs.

The National Commission for Scheduled Castes and others Mr. Asok Kumar Chakraborty Mr. S. Kumar Ghosh ...for the petitioners.

Mr. Kallol Basu Mr. Suman Banerjee ...for the applicant.

Learned counsel for the applicant submits that the applicant was one of the writ petitioners and was under the impression that the Metro Railway, the petitioners' employer, was espousing the cause of the petitioner as well in the writ petition.

However, subsequently the writ petition was dismissed as withdrawn as per instruction of the other writ petitioners than the petitioner, thereby curtailing the right of the present applicant to espouse his cause of action, which was also involved in the writ petition. Learned counsel appearing for the Metro Railway Authority submits that the said authority has no objection to such modification.

Accordingly, RVW 157 of 2023 is disposed of by modifying the order dated July 6, 2023 passed in WPA

15839 of 2023 to the effect that WPA 15839 of 2023 is dismissed as withdrawn, however, with liberty to the writ petitioner no.3, that is, the Principal Chief Personnel Officer, to file a fresh independent writ petition on the self-same cause of action.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)