Partly allowed

Amal Kr Roy and Ors. v. State of West Bengal and Ors.

Calcutta HC9 Dec 2020WPA/8687/2020

Case brief

AI extract

What is this about?

Single-judge order directing deposit of court fees for co-petitioners. Granted liberty to serve representation to respondent department and mandated consideration within eight weeks. Court reserved merits.

What did the court decide?

Liberty granted to serve representation; respondent directed to consider claim within eight weeks and pass reasoned order. Merits reserved.

Amal Kr Roy and Ors. Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2020)

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09.12.2020 Ct. No. 24 Item No.36 pk.

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

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WPA No. 8687 of 2020

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Amal Kumar Roy & Ors.

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-vs-

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The State of West Bengal & Ors.

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Mr. Aveek Biswas for the petitioners

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Ten petitioners have filed this writ petition by submitting only one court fee.

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The learned advocate for the petitioners is directed to deposit the deficit court fees in respect of nine petitioners by 11^th December 2020. In default, the order passed herein shall be restricted only in respect of the petitioner no. 1 and the writ petition shall be deemed to have been dismissed in respect of the others.

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The petitioners claim that they are presently serving in the Greater Calcutta Gas Supply Corporation Ltd., which is an undertaking of the State Government.

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The petitioners pray for the benefit of the Memorandum being No. 3998-F (P2) dated 15^th July 2019.

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The petitioners have made a representation before the Additional Chief Secretary, Finance Department, Audit Branch by a letter dated 23^rd September 2019. The

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petitioners allege that the representation is yet to be considered by the authority.

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Though there is no proof of service of the said letter the learned Advocate-on-Record of the petitioners submits that the letter was sent through Post and he has a postal receipt of the same.

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Be that as it may, since it appears that a letter was prepared and received by the office of the National Iron & Steel Company (1984) Ltd., Government of West Bengal Enterprises where the petitioners were initially working leave is granted to the petitioners to serve a copy of the said representation to the respondent no. 1 within a week from date.

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In the event, the representation is made within the aforesaid time limit the Additional Chief Secretary, Finance Department shall consider the same strictly in accordance with law within a period of eight weeks from the date of receipt of the said representation. The said respondent shall pass a reasoned order and communicate the same to the petitioners immediately thereafter.

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It is made clear that this court has not gone into the merits of the claim of the petitioners and all points are left open to be decided by the said respondent at the time of consideration of the representation.

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WPA 8687 of 2020 is disposed of.

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Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

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(Amrita Sinha, J.)

Amal Kr Roy and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Amal Kr Roy and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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