Nupur Basu vs Union of India - 2025 Supreme(Cal) 500

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 500

IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Nupur Basu – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner: Mr. Shamik Chatterjee, Adv., Mr. Aditya Bikram Mahata, Adv., Mr. Suman Bhanja, Adv., Mr. Sahil Kabir, Adv., Ms. Shrabanti Khatun, Adv.
For the Respondent: Mr. L. K. Gupta, Ld. Sr. Adv., Mr. D. N. Ray, Ld. Sr. Adv., Mr. Bhaskar Mukherjee, Adv., Mr. D. Dutta, Adv.

JUDGMENT :

Ajay Kumar Gupta, J:

1. This instant writ petition, filed by the Petitioner, is the second round of litigation seeking regularisation of her service along with consequential benefits.

2. The brief facts of the writ petitioner is that she was appointed as a Secretarial Assistant at Indian Institute of Management, Calcutta (in short IIMC) on 18th December, 2007 with due approval from the Ministry of Human Resource Development (in short MHRD). Her appointment was initially on contractual basis for a period of two years i.e. from 18.12.2007 to 17.12.2009. Thereafter, her contractual appointment was renewed time to time without any break in service till 25.12.2018. During this period, the Writ Petitioner discharged her duties alongside other regular employees.

3. However, on 16th August, 2018, IIMC issued a fresh letter of engagement effective from 1^st January, 2018 upto December 31,2018 which arbitrarily and retrospectively nullified her previous service. Being aggrieved by the said engagement letter dated 16.08.2018, the petitioner earlier filed a writ petition being Writ Petition No. 24205/2018 with prayer to regularise the service from the date of initial appointment, in acco