Sk. Hasmat Ali v. The University Of Calcutta And ORS.

24.11.2023 ap WPA 22415 of 2023 Hasmat Ali Vs.

The University of Calcutta & Ors.

Mr. Sabyasachi Mukherjee Ms. Debarati Choudhury Mr. Mukesh Khanna Mr. Bibek Dey Syed Neaz Ahmed Mr. Mrinmay Nandy ... For the petitioner.

Mr. Subhrangshu Panda Ms. Mithu Singha Mahapatra ... For the College Mr. Nilotpal Chatterjee Mr. Satyaki Banerjee ... For the University.

This writ petition was taken up for hearing on October 16, 2023, when this Court passed the following order:

"Learned advocate appearing for the petitioner submits that the college is not allowing the petitioner to join his duty.

Conversely, the college submits that the college has never prevented the petitioner to join the college.

The petitioner will be at liberty to join the college and discharge his duty as per the latest duty roster assigned to him.

List this matter one-week after the upcoming Puja Vacation under the same heading."

Today, it is submitted by the college that though in compliance with the order dated October 16, 2023,

the petitioner was asked to join his duty, he refused to do so. Ultimately, the petitioner joined his duty only on November 17, 2023.

Learned advocate appearing for the petitioner vehemently opposes such submission. He submits that the petitioner was not allowed to join his duty in terms of the order dated October 16, 2023.

I do not want to delve into the factual controversy as stated above. Since the petitioner has now joined his duty, the college will allow the petitioner to perform his duty and pay regular salary subject to satisfactory discharge of the duty assigned to him by the college.

Accordingly, WPA 22415 of 2023 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)