ARVIND TIWARI vs STATE OF WEST BENGAL & ORS.

The appeal appears to be barred by limitation of eight days. The application for condonation of delay being GA No.3118 of 2017 has been served on the respondents. It is taken up first. The cause shown appears to be sufficient. The delay in preferring the memorandum of appeal from the impugned order is condoned. GA No.3118 of 2017 is, accordingly, disposed of.

So far as the application for stay, being GA No.3119 of 2017, is concerned, leave in terms of prayer (a) is granted. The appeal has been preferred from an order passed by the learned Single Judge dismissing the writ petition. In the writ petition, the petitioner/appellant herein had applied for higher scale of pay since his prayer had been refused by the authorities concerned. As such, there can be no question of grant of stay or injunction of the impugned order since it might amount to the decision of the appeal itself at the stage of hearing the application for stay.

Hence, the stay application is disposed of directing that the records of WP No.723 of 2013 be produced before this Court and in terms of Chapter XXXI Rule 29, leave is granted to the appellant to file eight copies of paper books of which two copies shall be served on the Advocate-on-record for the State and one copy be retained for the use of the office apart from two copies filed in Court.

Since Mr. Banerjee, learned Senior Standing Counsel appears on behalf of all the State respondents, formal service of notice of appeal is dispensed with. All formalities including comparison of index be dispensed with. Informal paper books be filed within eight weeks from date. Liberty to mention after filing of the paper books. Urgent photostat certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.