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JAYANTA KUMAR DAS (Querist)     14 November 2023

Legal advice

Respected Sir / Madam,

I have following queries –

  1. For 1st time in a case of regularization of service, WBAT ordered the primary respondent to take decision freely. Primary respondent negated. Petitioner moved to Calcutta High Court. High Court ordered WBAT to deliver reasoned order. Again WBAT ordered primary respondent to take decision freely.  Primary respondent again negated. Now my query is –

Is it mandatory to move again to WBAT ? Or, can be moved to Calcutta High Court (double judges) directly at this stage ?

  1. In this case, primary respondent negated regularization considering a judgement of Hon’ble  Calcutta High Court (double judges) in 2021, ignoring a judgement (produced) of Hon’ble Supreme Court  of India (double judges) in favour of regularization of service in a matter of Orissa in 2022. Can primary respondent (Principal Secretary of the department) do this ?

Please do advise.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     15 November 2023

If the AT has not considered the orders passed by the high court and if the reason stated therein for not complying the orders are found tnot to be geunuine then you can prefer a review petition before high court. 

You may consult your advocate on all such further issues 

P. Venu (Advocate)     18 November 2023

The decision of the competent authority could provide  a further cause of action, depending upon merits of the decision.

Please note that qua administrative decisions, the AT as well the Courts can exercise only judicial review; what could be examined is the decision making process than the very decision itself.


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