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2020 Supreme(Cal) 5

I.P.MUKERJI, MD.NIZAMUDDIN
Asim Kumar Pal – Appellant
Versus
Indian Institute of Management, Calcutta – Respondent


Advocate Appeared:
For the Appellants :Bikas Ranjan Bhattacharya, Sr. Advocate, Soumya Majumder, Sakti Pada Jana, Deepan Sarkar, Ujani Pal (Samanta), Advocates.
For the Respondents:Pranab Kumar Datta, Sr. Advocate, Neguive Ahmed, A. Sinha, Sahasrangshu Bhattacharya, Anuran Samanta, Advocates.

JUDGMENT :

I.P. MUKERJI, J.

1. First of all, we direct the department to immediately carry out the order dated 6th January, 2017 passed in the connected application (CAN 160 of 2017) for substitution of the heirs of the second appellant. The heirs/legal representatives of the first appellant, who has died on 5th June, 2017 did not make any application for substitution. So his name be struck off from the proceedings, by recording his death.

2. The appellants which shall only refer to the original appellants were all faculty members of the Indian Institute of Management, Calcutta, the respondent No. 1 ("the Institute"). All of them were appointed prior to 1st January, 1986. Each of them enjoyed the post of Assistant Professor. The first appellant, Asim Kumar Pal, since deceased on 5th June, 2017 joined the Institute on 31st October, 1980, the second appellant, Ashis Kumar Chatterjee, since deceased on 4th February, 1985, the third, Leena Chatterjee on 26th December, 1984, the fourth, Sudip Chaudhuri on 15th September, 1976, the fifth, Ambujaksha Mahanti on 27th February, 1981. Asim Kumar Pal died on 5th June, 2017. Sudip Chaudhury and Ambujaksha Mahanti retired after 31st July, 2018 and

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