← Library
Calcutta High CourtMAT/1924/2011dismissed

State Of West Bengal & ORS v. Chumki Sarkar & ORS

2023-09-04Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar3 pages

& Ct-08 ar 04.9.2023 MAT 1918 of 2011 The State of West Bengal & Anr.

Vs.

Soma Majumdar & Ors.

with MAT 1924 of 2011 The State of West Bengal & Ors.

Vs.

Chumki Sarkar & Ors.

Ms. Tapati Samanta ... For the Appellants in both the appeals Mr. Kallol Bose Mr. Sanat Kumar Das Mr. Sujan Chatterjee Mr. Suvodip Bhattacharya ... For the writ petitioner in both the appeals

1. We have heard the learned counsel appearing for the parties.

2. Learned counsel for the State has submitted that during the pendency of the appeal all service benefits have been extended to the writ petitioner and the writ petitioner has rejoined the service.

3. In view of the acceptance and compliance of the judgment of the learned Single Judge by the State appellants and having regard to the fact that the writ petitioner's service has been restored in terms of the order 11th May, 2011 and the writ petitioner has been continuously

working since then, we do not propose to interfere with the order passed by the learned Single Judge.

4. On such consideration, the appeal fails.

5. In view of the aforesaid order the appeal being MAT 1918 of 2011 and MAT 1924 of 2011 stand dismissed.

6. However, there shall be no order as to costs.

7. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Uday Kumar, J.) (Soumen Sen, J.)