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2017 Supreme(Cal) 805

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
State of West Bengal – Appellant
Versus
Bimal Munda – Respondent


Advocates Appeared:
For the Appellants : Mr. Sadhan Kumar Halder, Mr. Abdus Salam.
For the Respondent: Mr. Partha Sarkar.

JUDGMENT :

BISWANATH SOMADDER, J.

Re: CAN No. 10082 of 2017

1. Having heard the learned advocates for the parties and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown by the applicant/ appellant to explain the delay in filing of the appeal. As such, the delay is condoned. The application for condonation of delay, being CAN No. 10082 of 2017, is accordingly allowed.

MAT No. 1627 of 2017 with CAN No. 9388 of 2017

2. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay.

3. The instant appeal arises out of a judgment and order dated 27th June, 2016, passed by a learned Single Judge in W.P. No. 26418 (W) of 2014, Sri Bimal Munda vs. State of West Bengal and Others.

4. The appellants before us are the State and its other authorities.

5. Even a bare perusal of the impugned judgment and order reveals that the learned Single Judge - on a writ petition taken out by Bimal Munda - has issued a mandatory direction for his appointment on compassionate ground. For convenience, the impugned judgment and order is setout in its entirety herein-below:

“After hearing learned co












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