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2010 Supreme(SC) 162

R.V.RAVEENDRAN, K.S.RADHAKRISHNAN
State of West Bengal – Appellant
Versus
Kamala Prasad – Respondent


Advocates Appeared:
Rohit Kumar Singh, Somesh Rattna, Pranav, Sachdeva (for Prashant Bhushan), Advs., for the Appellant(s).
Rajesh Mahale, Shivendra Dwivedi, Harish Hebbar, Advs., for the Respondent(s).

JUDGMENT

K.S. Radhakrishnan, J.

Leave granted.

2. These appeals are directed against the Division Bench judgment of the Calcutta High Court dated 14.06.2007 in MAT No.380/2006 and MAT No. 1114/2007 directing the appellants to treat the respondents - writ petitioners as Class III employees as declared by the Civil Court and to disburse them arrears of pay and other service benefits.

3. Writ petitioners, employees of Bhowanipore Education Society College, Kolkata, a private college recognized and aided by the Government of West Bengal, had initially filed a Civil Suit TS No. 86/1984 before the Third Additional Munsiff Court, Alipore, seeking a declaration that they are Laboratory Assistants, belonging to the category of Class-III employees entitled to the benefits and privileges attached to those posts and also for a mandatory injunction directing the defendants to pay all monetary benefits with effect from 03.10.1975 treating them as Class-III employees and also for a declaration that their demotion to class IV posts is illegal and void. The College and the appellants herein were parties to the suit.

4. The Civil Court, relying upon the provisions of the Calcutta University, First S











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