Dr. Manab Chatterjee v. State Of West Bengal & ORS

18.09.2023 KAUSHIK WP.ST 134 of 2018 Dr. Manab Chatterjee Vs.

The State of West Bengal & Ors.

Mr. Arka Maiti ... for the petitioner Mr. Tapan Kumar Mukherjee, Ld. AGP Mr. Somnath Naskar ... for the State The writ petition is directed against an order dated September 10, 2018 passed in O.A. 1119 of 2015 by the West Bengal Administrative Tribunal.

By the Impugned order, the learned Tribunal directed the Director, Directorate of Technical Education and Training, West Bengal to consider the entitlement of the original applicants to get next higher scale of pay after giving the original applicant an opportunity of hearing. The issue in the present writ petition is covered by the decision of this Bench rendered in WP.ST 238 of 2014 [West Bengal (Government and Sponsored) Polytechnic Teachers' Association (Formerly West Bengal Polytechnic Teachers' Federation) & Ors. Vs. The State of West Bengal & Ors.] dated July 24, 2023.

The Court is informed that, the State is in the process of preferring a Special Leave Petition against the judgment and order dated July 24, 2023 passed in WP.ST 238 of 2014.

We noted such stand of the State on August 30, 2023 and adjourned present writ petition.

Today also, similar prayer for adjournment is made.

We are of the view since the parties are covered by the decision of this Bench dated July 24, 2023 in WP.ST 238 of 2014, no useful purpose will be subserved by granting further adjournment. Consequently, prayer for adjournment made on behalf of the State is disallowed.

In view of the judgment and order dated July 24, 2023 rendered in WP.ST 238 of 2014, we direct the authorities to undertake the exercise of assessing the benefits that the petitioner is entitled to in terms of the AICTE Regulation of 2010 and to grant such benefits to the petitioner within a period of four weeks from date.

WP.ST 134 of 2018 is disposed of accordingly without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)