ASHIM KUMAR BANERJEE, J. - (1.) The short question involved in this writ petition is whether identical benefits given to other batch of writ petitioners ran be extended to the present one in view of the decision of this court in an other proceeding where finality was reached on the issue because of the dismissal of a Special Leave Petition.
(2.) The writ petitioners are employees of Kolkata Metropolitan Development Authority (hereinafter referred to as "KMDA"). They were demanding higher initial start. Another group of employees being similarly circumstance earlier approached this court on the selfsame grievance. The writ petition was allowed. KNDA did not prefer any appeal and thereby accepted the decision. As it would invlove a huge fiancial burden on the state, state preferred an appeal after about six months from the sitipulated day and also filed an application for condonation of delay. A Division of this court while hearing the application for condonation of delay considered the merits of the matter as well and ultimately dismissed the application for condonation of delay on the ground that there was no merit in the appeal. The said order dated February 7. 2001 passed by the Division Bench is appearing at pages 63 to 66 of the present writ petition.
(3.) A special Leave petition was initially filed before the Supreme Court and it was dismissed as withdrawn. Liberty was, however, given to the State to apply afresh before the Division Bench lor clarification. Such liberty was never avalied of either by the state or by KMDA. Ultimately, the respondents implemented the said order under a threat of contempt.;