Dismissed

Sankar Gangopadhyay v. State of West Bengal and Ors.

Calcutta HC10 May 2023WP.ST/72/2023

Case brief

AI extract

What is this about?

The Division Bench examined a writ petition challenging the adjudication by the Administrative Member of a Tribunal regarding a petitioner's position in a gradation list. The court noted the matter was fixed for hearing and granted liberty to seek an ad interim order if urgency warrants.

What did the court decide?

Petitioner granted liberty to approach the Tribunal for an ad interim order if urgency warrants.

Sankar Gangopadhyay Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2023)

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07 10.05. IN THE HIGH COURT AT CALCUTTA 2023 Constitutional Writ Jurisdiction Appellate Side.

Ct. No. 04

WP.ST 72 of 2023

Sankar Gangopadhyay Vs.

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State of West Bengal and others.

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Mr. Kushal Chatterjee, Mr. Debrup Chaudhury. … for the petitioner.

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Mr. Tapan Kumar Mukherjee, Ld. AGP, Ms. Shrabani Sarkar, Ms. Debdooti Datta.

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… for the State.

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The present writ petition is aimed to achieve something indirectly, which cannot be achieved directly.

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Being aggrieved by a gradation list and the position of the writ petitioner shown therein, an approach was made to the Tribunal by filing OA 174 of 2022. On the date when the said tribunal application was taken up, certain facts originated subsequent to filing of the tribunal application was sought to be introduced by the writ petitioner and, in fact, leave was sought to file a supplementary affidavit.

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It appears from the impugned order that such leave has been granted and the matter is fixed on 5^th July 2023. Obviously, the moment the writ petitioner sought for filing of the supplementary affidavit to include the subsequent events, we do not find any infirmity on the conduct of the Administrative Member of the Tribunal in granting such leave.

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What is contended in the instant writ petition that there is an urgency that the matter should have been

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taken up immediately, as the authorities are issuing the gradation list and the draft gradation list within a short span of time in order to frustrate the legitimate claim of the writ petitioner.

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We do not find from the impugned order that any prayer for an ad interim order to be passed was made. However, even if it is presumed that same was made and the Tribunal did not record such finding, we grant liberty to the writ petitioner to approach the Tribunal and pray for an ad interim order if situation so warrant and in the event such approach is made, the Tribunal will record its independent finding thereupon.

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With these observations, the writ petition is disposed of.

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There shall, however, be no order as to costs.

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(Harish Tandon, J.)

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(Prasenjit Biswas, J.)

Sankar Gangopadhyay v. State of West Bengal and Ors.

Case brief

What is this about?

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Sankar Gangopadhyay v. State of West Bengal and Ors.

Case brief

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What did the court decide?

What the court decided

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