BAIDYANATH MUKHERJEE AND OTHERS Vs. VIVEKANANDA GOSWAMI AND OTHERS
LAWS(CAL)-1999-10-58
HIGH COURT OF CALCUTTA
Decided on October 06,1999

Baidyanath Mukherjee And Others Appellant
VERSUS
Vivekananda Goswami And Others Respondents

JUDGEMENT

D.P. Kundu, J. - (1.) All these matters have been heard together by a Bench of five Judges of this High Court because the Hon'ble Chief Justice of this High Court by his order dated 29.10.1987 under Chapter XXI Rule 1 of the Original Side Rules read with Rule 48 of the Rules under Article 226 of the Constitution of India determined that the aforesaid two appeals being APO 601 of 1987 and APO 604 of 1987 would be heard by a Bench of five Judges of this Court for, inter alia, following reasons : "These two appeals against the order of the learned Single Judge in Matter No. 1033 of 1984 involve substantial questions of law affecting the administration in the Appellate Side and the Original Side of the Court Hierarchy, status, pay and allowances admissible to certain categories of employees serving in the Appellate Side and the Original Side of this Court arise for decision." These two appeals being APO 601 of 1987 and APO 604 of 1987 are arising out of a judgment and order dated 14.8.1987 passed by Ajit Kumar Sengupta, J. (as he then was) in Matter No. 1033 of 1984.
(2.) Subsequently in the year 1987, after the aforesaid judgment and order dated 14.8.1987 was delivered by Ajit Kumar Sengupta, J., some Interpretor Officer (Court) on the Original Side of this High Court initiated another writ proceeding being Matter No. 5497 of 1987. Being aggrieved by and dissatisfied with an order dated 10th March, 1988 passed by Bhagabati Prasad Banerjee, J., in Matter No. 5497 of 1987 the petitioners preferred an appeal being Appeal No. 187 of 1988. The said appeal and Matter No. 5497 of 1987 had been assigned to this Full Bench for hearing with the aforesaid two appeals because the subject matter involved in Matter No. 5497 of 1987 are similar to those in Matter No. 1033 of 1984.
(3.) Unfortunately the Bench originally constituted by the Chief Justice by his order dated 19.10.1987 could not complete the hearing of the appeals, therefore, time to time coram of the Bench was altered or modified and lastly the present Bench of five Judges of this Court could complete the hearing of the appeals.;


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