Calcutta High CourtWPA/21490/2021disposed

Ganesh Prasad Yadab v. State Of West Bengal And ORS.

2022-03-02Hon'Ble Justice Suvra Ghosh2 pages

02.03.2022 rc/ct.no.10 Item No.204 WPA No. 21490 of 2021 Ganesh Prasad Yadav

Versus

The State of West Bengal & Ors.

Mr. Uddipan Banerjee ...for the petitioner Mrs. Amrita Pandey Mrs. Anamika Pandey ...for the respondent no.4 The prayer of the petitioner in this writ petition is for recovery of amount in terms of the certificate of public demand issued by the respondent no. 3.

It is submitted by the learned counsel appearing on behalf of the 4th respondent that an appeal has been preferred by the 3rd respondent for stay of proceeding of the certificate case being No. 142(n) of 2019-2020 pending before the Certificate Officer. She prays for a direction for expeditious disposal of the appeal.

It appears that such prayer for expeditious disposal of the appeal is pending before the appellate forum. Upon consideration of the submission made by the learned counsels appearing on behalf of the parties, this Court is of the view that the amount of gratuity decided by the Controlling Authority to the tune of Rs.2,74,270.00 be directed to be deposited by the respondent no. 4 before the learned Registrar General, High Court, Calcutta. Let such amount be deposited within 10 days from date upon intimation to the learned advocate for the petitioner.

The appellate authority is directed to dispose of the appeal pending before it as expeditiously as possible, preferably within a period of one month from date, after giving opportunity of hearing to all the affected parties including the petitioner, in accordance with law. In view of what is stated above, nothing further remains to be adjudicated in the present writ petition and as such, this writ petition being WPA No. 21490 of 2021 is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)