Dismissed¶¶15

MD Hazekul Alam v. State of West Bengal & Ors.

Calcutta HC17 Jun 2026FMA/600/2021

Case brief

AI extract

What is this about?

Res judicata / constructive res judicata bar to claim for benefit of service (seniority/notional appointment) from date of recruitment (2010) till actual joining (2014); Primary Teacher recruitment under District Primary School Council; adverse inference for non-production of answer scripts; earlier round W.P. 3031 (W) of 2012 and M.A.T. 1002 of 2012; impugned Single Judge order in W.P. 24031 (W) of 2016 dated 14.11.2019; intra-court appeal F.M.A. 600 of 2021 dismissed; CAN 1 of 2024 dismissed; no order as to costs; terminal benefits, pension, GPF preserved.

What did the court decide?

The appellant, not having raised the issue of getting the benefit of service from 2010 till 2014 in the earlier proceeding, is barred from raising the same in the instant proceedings; accordingly the appeal fails and is dismissed. ¶¶14

MD Hazekul Alam Vs State of West Bengal & Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the appellant's claim to the benefit of service from 2010 (the year he participated in the recruitment) till 2014 (when he actually joined pursuant to the Division Bench order) is barred by res judicata because the issue could have been, but was not, raised in the earlier writ petition/appeal.

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Court's answer

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Key takeaways

Observation that the appellant has completed more than 10 years of service as on date and would get all his terminal benefits including pension and GPF.obiter¶¶13

Detailed headnote1 paragraphs

Intra-court appeal (F.M.A. 600 of 2021 with CAN 1 of 2024) against the judgment and order dated 14th November, 2019 of a learned Single Judge in W.P. 24031 (W) of 2016. Background: the appellant participated in the 2010 recruitment for the post of Primary Teacher under the concerned District Primary School Council; in an earlier round (W.P. 3031 (W) of 2012, and appeal M.A.T. 1002 of 2012) concerning mention of another candidate's name against his roll number, the Division Bench drew an adverse inference on the Council's failure to produce answer scripts, allowed the appeal, set aside the Single Bench order, and the appellant joined as Primary Teacher with effect from 10th February, 2014; in that earlier proceeding he did not seek the date of appointment to run from the date of recruitment of other candidates. The Single Judge held the present claim barred by res judicata. Held, dismissing the appeal: the appellant, not having raised the issue of getting the benefit of service from 2010 till 2014 in the earlier proceeding, is barred from raising the same in the instant proceedings; the Court noted he has completed more than 10 years of service and would get all terminal benefits including pension and GPF. Connected application CAN 1 of 2024 also stands dismissed; no order as to costs.

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17.06.2026. Item No. 7. Court No. 13 ap

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F.M.A. 600 of 2021 With I.A. No. CAN 1 of 2024

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Md. Hazekul Alam Versus State of West Bengal & Ors.

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Mr. Arif Ali, Mr. Sarban Bhattacharya.

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…For the appellant.

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Affidavit-of-service filed in Court today be taken on record.

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The instant intra court appeal is directed against the judgment and order dated 14^th November, 2019 passed by a learned Single Judge of this Court in W.P. 24031 (W) of 2016.

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The writ petition was preceded by another proceeding. In the said proceeding being W.P. 3031 (W) of 2012, the grievance of the petitioner was that against his roll number, the name of another candidate was mentioned and the roll number was declared successful in the process of recruitment to the post of Primary Teacher under the concerned District Primary School Council. Having lost in the writ petition, the appellant/writ petitioner preferred an appeal being M.A.T. 1002 of 2012 before a Co-ordinate Bench of this Court. In the said appeal, the Division Bench called for the answer scripts of the person, who wrote the examination against roll number of the petitioner.

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Upon failure of the District Primary School Council to so produce the answer scripts, an adverse inference is drawn and the appeal was allowed. The order of the Single Bench was set aside. The appellant was allowed to join the post as Primary Teacher with effect from 10^th February, 2014.

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The appellant, at the time when the disposal of the appeal was undertaken, did not seek effect the date of appointment from the date of recruitment of other candidates.

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The Single Bench in the impugned order was of the view that the claim of the petitioner is barred by res judicata since an issue that could have been raised in the earlier writ petition was not so raised.

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This Court notes that the appellant participated in the recruitment process in the year 2010. He appointed by 2014 pursuant to the order of the Division Bench of this Court. He has completed more than 10 years of service as on date. He would get all his terminal benefits including pension and GPF.

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Apart from the above, the appellant not having raised the issue of getting the benefit of service from 2010 till 2014 in the earlier proceeding, he is barred from raising the same in the instant proceedings.

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