Prasanta Dey And ORS. v. State Of West Bengal And ORS.
Court No. 2
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 24378 of 2024 Prasanta Dey & Ors.
VS The State of West Bengal & Ors.
With W.P.A. 24191 of 2024 Samir De & Ors.
VS The State of West Bengal & Ors.
With W.P.A. 26942 of 2024 Sisir Kumar Mukherjee & Ors.
VS The State of West Bengal & Ors.
Mr. Samim Ahammed Mr. Arka Maiti Ms. Gulsanwara Pervin Ms. Ambiya Khatun .... For the petitioners Mr. Siddhartha Banerjee .... For High Court Administration in WPA 24378 of 2024 and WPA 24191 of 2024 Mr. Debasish Banerjee Mr. Rakesh Jana ....For High Court Administration in WPA 26942 of 2024 Ms. Parna Roychowdhury Mr. Debottam Das .... For District Judiciary Mr. Sourav Mondal .... For respondent no. 4 in WPA 26942 of 2024 Mr. Sirsanya Bandyopadhyay Mr. Debopriyo Karan .... For the State in WPA 24378 of 2024 and WPA 24191 of 2024 23.6.2025 (Item No. 6-8) (AB) The order gallon passed in the matter speaks for themselves.
The ultimate object is the consideration and disposal of the objections raised by various employees
either present or retired with regard to the implementation of SHETTY Commission recommendation in terms of the direction of the Hon'ble Supreme Court.
As the adjudicating committee was not there because of the transfer or retirement of the member of the committee, the adjudication could not take place.
Mr. Parna Roychowdhury, learned advocate with Mr. Debottom Das, learned advocate appearing for the concerned District Judiciary and Mr.
Siddhartha Banerjee, learned counsel with Mr. Debasish Banerjee, learned counsel appearing for High Court Administration jointly submit that, the learned District Judge has already taken charge of the District Judiciary and he is one of the members of the adjudicating committee available now at his office. Both Mr. Banerjee and Ms. Roychowdhury further submit that, presently all the objections can be taken together with that of the petitioners grievance and the committee can adjudicate upon and pass its final reasoned decision.
Learned counsel appearing for the District Judiciary has prayed for two months time for completion of the entire exercise.
In view of the above, all these three writ petitions are disposed of with the direction that the grievances as on date submitted before the learned
District Judge already on record submitted by both the present and retired employees of the District Judiciary shall be taken for consideration by the said committee.
The committee shall commence the proceeding upon prior notice of hearing of at least seven days fixing the date, time and place of the hearing upon all the objectors and interested parties and then after granting them an opportunity of hearing shall pass its reasoned decision strictly in accordance with law. The entire exercise shall be carried out and completed within two months from the date of communication of this order to the present learned District Judge.
The reasoned decision then shall be communicated to all the objectors and interested parties who shall participate in the hearing positively within a period of two weeks from the date of the said reasoned order to be passed.
Learned advocate on record for the writ petitioners shall supply the copies of entire cause papers and the orders passed by this Court from time to time in all these writ petitions to the learned District Judge within a period of one week from date and thereafter the learned District Judge shall proceed.
It is made clear that, this Court has not gone into the merits of the rival contentions of the parties and parties shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the said committee but the same shall not travel beyond the scope of these three writ petitions.
With the above observations and directions, these three writ petitions, WPA 24378 of 2024, WPA 24191 of 2024 and WPA 26942 of 2024 stand disposed of, without any order as to costs.
This order shall be effected subject to payment of Court fees by each of these writ petitioners in these three writ petitions, if not paid already.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
A copy of this order be placed in the files of each of these writ petitions.
(Aniruddha Roy, J.)