DIPANKAR DATTA,J. - (1.) While hearing the application for stay in the intra-Court writ appeal, we have heard the parties on the merits thereof with their consent. The point involved in the appeal is short but important, and we propose to dispose of the appeal together with the application by this common judgment and order.
(2.) Statute 12G of Chapter XIII of the Calcutta University First Statutes, 1979 (hereafter the First Statutes) titled "Statutes relating to the terms of employment and conditions of service of non-teaching employees of colleges affiliated to the University other than Government Colleges" falls for interpretation in this writ appeal. The challenge therein is to the judgment and order dated December 21, 2015 of disposal of W.P. 22935(W) of 2015 by a learned Judge of this Court. The writ petition, presented by the respondent no.1 herein (hereafter the employee), was disposed of with certain directions. Pertinently, the appellants had applied for review of the said judgment and order by presenting RVW 66 of 2016. Upon a contested hearing, the review petition was dismissed by His Lordship by the judgment and order dated July 21, 2017.
(3.) We place on record that the point we are called upon to decide has not been decided in the judgment and order under appeal; it was decided while dismissing the review petition. Since no appeal lies against an order dismissing a review petition, the said point has been canvassed while challenging the order disposing of the writ petition.;