High CourtsDIVISION BENCH(2017) 06 CAL CK 0042

The State of West Bengal & Ors. vs Dr. Nirmal Kole & Ors.

Calcutta High Court · Decided on 29 June 2017

HON’BLE JUDGES
Nishita Mhatre, Tapabrata Chakraborty
CASE NUMBER
187 of 2016

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Judgment

5 paragraphs · 246 words
1.

The subject matter of challenge in the instant writ petition is an order dated 22nd December, 2015 passed in O.A. 342 of 2015. By the said order dated 22nd December, 2015, the learned Tribunal has disposed of the original application observing that the claim of the applicants would be covered by the decision of the learned Tribunal in Dr. Asim Kumar Ojha and 48 Ors -Vs- The State of West Bengal & Ors disposed of on 3rd May, 2013. The learned Tribunal has also set aside the order impugned in the said original application being O.A. 342 of 2015 and has directed the concerned authority to give the benefits of Non-Practicing Allowance.

2.

The writ petition being W.P.S.T. 207 of 2014 preferred by the State respondents challenging the order dated 3rd May, 2013 passed in an original application being O.A. 1093 of 2010 (Dr. Asim Kumar Ojha and 48 Ors -Vs- The State of West Bengal & Ors) has already been dismissed by us and as such the challenge to the order impugned dated 22nd December, 2015 passed in O.A. 342 of 2015 cannot survive.

3.

Accordingly, we do not find any reason to interfere with the order impugned and the writ petition is, accordingly, dismissed.

4.

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

5.

Urgent Photostat certified copy of this judgment, if applied for, be given to the parties, as expeditiously as possible, upon compliance with the necessary formalities in this regard.