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2019 Supreme(Cal) 293

HARISH TANDON, SHEKHAR B.SARAF
State of West Bengal – Appellant
Versus
Confederation of State Government Employees – Respondent


Advocates:
Advocate Appeared:
Mr. Kishore Dutta, Mr. Joytosh Majumder, Ld. Govt. Pleader Mr. S. Ghosh, Mr. Sardar Amjad Ali, Mr. Prabir Chatterjee, Mr. Masum Ali Sardar, Mr. Bikash Ranjan Bhattacharyya, Mr. Firdous Samim

JUDGMENT :

Shekhar B. Saraf, J.:

1. The present memorandum of review filed by the State of West Bengal seeks a review of a judgment and order dated August, 31, 2018 passed by the Division Bench of this High Court comprising of the Hon’ble Justice Debasish Kar Gupta and the Hon’ble Justice Shekhar B. Saraf in WPST No. 45 of 2017 (Confederation of State Government Employees, West Bengal and Others –v- the State of West Bengal and Others) (hereinafter referred to as ‘said judgment’). The said judgment was delivered on a challenge of a judgment passed by the West Bengal Administrative Tribunal (hereinafter referred to as ‘Tribunal’).

2. The Learned Advocate General appearing for the State of West Bengal sought the review on several grounds as enumerated below:

a. The Court while passing the said judgment had not put the parties on notice that the matter shall be remanded to the Tribunal for reconsideration. The Learned Advocate General argued that remand could not have been made in a routine manner unless the same had been specifically pleaded and taken as a ground in the writ petition. He relied on the Supreme Court judgment in Syeda Rahimunnisa – v- Malan Bi (Dead) By Legal Representativ

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