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2019 Supreme(Cal) 144

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
State of West Bengal – Appellant
Versus
Tapas Chakraborty – Respondent


Advocates Appeared:
Tapan Kumar Mukherjee, Adv., Somnath Naskar, Adv., Malay Kumar Basu, Adv., Sanat Kumar Roy, Adv., Baidyrya Ghosal, Adv., Ranajit Chatterjee, Adv., Gopal Chandra Das, Adv., Shrayashi Saha, Adv.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. This is an appeal from a Judgment dated 29th April, 2016 in a writ petition filed by thirty-three persons (the writ petitioners) who were aggrieved by a communication dated 10th May, 2012 issued by the Government of West Bengal to the Chairman of Tamluk (now Tamralipta) Municipality expressing regret in the matter of regularizing the services of the writ petitioners by reason of the decision of the Hon'ble Supreme Court in Secretary, State of Karnataka & Ors. vs. Umadevi (3) and Ors. reported in, (2006) 4 SCC 1. By the impugned judgment, the Learned First Court held that each of the petitioners fell within the exception to the general principle carved out in Umadevi and any irregularity at the time of appointment could be regularized by a later permanent appointment. The Learned First Court accordingly allowed the writ petition by directing that the appointments of the writ petitioners would have to be regularized by the State-respondents with notional effect from the dates of their joining service within three months from the communication of the impugned judgment.

2. The State of West Bengal has challenged the judgment of the First Court and a

















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