The State Of West Bengal And ORS. v. Milan Kumar Santra And ORS
Dd 8-12 18.09.2023 RVW 168 of 2023 with I.A NO: CAN 1 of 2023 Dr. Haimanti Bakshi (Chattopadhyay) & Ors.
Vs State of West Bengal & Ors.
with WP.ST. 68 of 2021 Dr. Haimanti Bakshi (Chattopadhyay) & Ors.
Vs State of West Bengal & Ors.
With WP.ST. 80 of 2021 Milan Kumar Santra & Ors.
Vs State of West Bengal & Ors.
With WP.ST. 81 of 2021 Sambhu Ranjan Dutta Vs State of West Bengal & Ors.
With RVW 215 of 2023 + I.A. No. CAN 1 of 2023 The State of West Bengal & Ors.
Vs Milan Kumar Santra & Ors.
Mr. Vivekananda Bose, Mr. Ratikanta Pal, Advocates ... ... For the Appellants RVW 168 of 2023 / Petitioners in WP.ST. 68 of 2021 Mr. Tapan Kumar Mukherjee, AGP Mr. Pinaki Dhole, Mr. Somnath Naskar, Advocates ... ... For the State Mr. Amales Ray, Ms. Mousumi Bhowal, Mr. Aman Gupta, Mr. Ishan Bhattacharya, Advocates ... ...For the Private Respondents In WP.ST. 68 of 2021 RVW 215 of 2023 And Petitioners in
WP.ST. 80 of 2021 WP.ST. 81 of 2021 Two review applications are taken up for consideration analogously as they are directed against the same judgment and order dated June 14, 2023 passed in WP.ST 80 of 2021, WP.ST 68 of 2021 and WP.ST 81 of 2021.
RVW 168 of 2023 and the connected application therein are at behest of the writ petitioners in WP.ST 68 of 2021.
RVW 215 of 2023 is at the behest of the State. The other parties to the three writ petitions are represented.
We find that we framed two issues in our judgment and order dated June 14, 2023. We framed the first issue as follows :- "(i) Whether irregularly appointed employees subsequently regularized on October 19, 2005 and working as District Statistical Officer and Assistant Statistician with the West Bengal Statistical Service promoted to the post of Assistant Director/Statistician of West Bengal Statistical Service can claim seniority to persons who were appointed as District Statistical Officer and Assistant Statistician from 1995 onwards and promoted to the post of Assistant Director/Statistician?"
The issue, however, should be, whether irregularly appointed employees subsequently regularized on October 19, 2005 and working as District Statistical Officer and Assistant Statistician with the West Bengal Statistical Service promoted to the post of Assistant Director/Statistician of West Bengal Statistical Service can claim seniority to persons who were directly
recruited to the post of Assistant Director/ Statistician or not?
There is an error apparent on the first issue We proceeded to deliver our judgment and order on the basis of first issue as noted above. Since the actual issue and the framed issue are at divergence, as is noted above, it would be appropriate to recall the entire judgment and order dated June 14, 2023 and hear the three writ petitions afresh on merits. One of the appearing parties opposed such course of action being undertaken by the Court.
In such circumstances, RVW 168 of 2023 and RVW 215 of 2023 are allowed.
WP.ST 80 of 2021 along with WP.ST 68 of 2021 and WP.ST 81 of 2021 will appear in the list on September 20, 2023.
All connected applications to the review applications are disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)