Uttam De v. State Of West Bengal And ORS.

30.11.

Ct. No.17 WPA 16878 of 2023 Uttam De Vs The State of W. B. & Ors.

g.b.

Sk. Jayed Hossain .....For the Petitioner Mr. Supriyo Chattopadhyay Ms. Sayantanee Bhattacharjee ......For the State The petitioner prays for notional benefit.

Notional benefit is a retrospective benefit in nature and character. However, from the judgement of the Hon'ble Supreme Court (Vide page 42 of the petition, paragraph 2) it is found that the Hon'ble Supreme Court in a similar matter in one judgement under Article 142 of the Constitution of India wherein it is made clear that the benefit would be prospective only. Therefore, I do not find any merit in this writ application as this judgement is squarely applicable in this matter and, therefore, the matter is dismissed. (Abhijit Gangopadhyay, J.)