KRISHNA DAS & ORS Vs. STATE OF WEST BENGAL & OTHERS
LAWS(CAL)-2011-9-212
HIGH COURT OF CALCUTTA
Decided on September 22,2011

KRISHNA DAS And ORS Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

- (1.) This is an application for restoration filed by the petitioners. Causes shown being sufficient, order dated August 16, 2011 is recalled. WPST 179 of 2011 is restored to its original file and is heard. The application, being CAN 8985 of 2011 is disposed of without any order as to costs.
(2.) The petitioner claims that she was engaged by the State as Nursing Personnel along with others in 1969. In 1994, the respondent Authority issued a circular, disengaging them, which gave rise to litigation before this Court. This Court in C.O. 1579 (W) of 1994 passed an order dated February 27, 1995 to the effect that the matter would be listed two weeks from that date in the meantime their present status would not be disturbed. The learned Judge directed affidavits to be exchanged. The application was then transferred to the Tribunal and renumbered as T.A. 1891 of 1997, after the State Administrative Tribunal was established. The Tribunal passed an order on November 17, 2000 asking the Director of Health Services to consider their representation and pass a reasoned order. The Director passed a reasoned order rejecting her claim along with others. The reasoned order was challenged by the Group of applicants including the present petitioner before the Tribunal being O.A. 567 of 2001, which came to be disposed of vide judgment and order dated April 10, 2002. The Tribunal found that the petitioner did not have the requisite qualification to be absorbed on regular basis. The petitioner accepted the said judgment and did not proceed further.
(3.) In 2011, she filed the instant application challenging the order of the Tribunal passed in 2002. From the petition, we do not find any explanation as to the delay, however, Mr. Imran Ali, learned Counsel appearing for the petitioner submits that other colleagues of the present petitioner, who were parties to the Tribunal proceeding, were given benefits very recently that gave rise to the present proceeding.;


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