Shekhar Sanyal v. The State Of West Bengal And ORS

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 7 13.09.2023 spal Ct. no. 2 WPA/1056/2023 SHEKHAR SANYAL VS THE STATE OF WEST BENGAL AND ORS Mr. Sudhindra Das ....For the Petitioner Mr. Hirak Barman ...For the State The petitioner is a Sub-Assistant engineer working with the Jalpaiguri Zilla Parishad and has filed this petition seeking his retirement benefits. It is submitted on behalf of the petitioner that notwithstanding having retired as far back as on 31 January, 2016, the respondent authorities have failed to pay retiral benefits to the petitioner. It is submitted on behalf of the respondent authorities that this is the second round of litigation and pursuant to an order passed in an earlier group of writ petitions being WP No.21749(W) of 2009 to 21753(W) of 2009, the appointment of the petitioner had been considered by the Appropriate Authorities and the petitioner was found to be illegal. Significantly, the fact of

filing of the earlier writ petition and the order passed by the respondent authorities dated 9 November, 2015 have been suppressed in this proceeding. There has been gross suppression on the part of the petitioner in approaching this Court. In any event, in the light of the reasoned order dated 9 November, 2015 wherein it had been held that the appointment of the petitioner was illegal, there is no legal right which the petitioner can seek to enforce.

In view of the aforesaid, WPA/1056/2023 stands dismissed.

(Ravi Krishan Kapur, J.)