ITEM NO.7 COURT NO.9 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No. 25749/2022
(Arising out of impugned final judgment and order dated 19-03-2021
in WPCRC No. 267/2019 29-07-2022 in WPCRC No. 35/2022 passed by the
High Court At Calcutta)
THE DIVISIONAL RAILWAY MANAGER Petitioner(s)
VERSUS
ALOK RANJAN ROY & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.119286/2022-CONDONATION OF DELAY
IN FILING and IA No.119288/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Date : 23-09-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Ms. Madhvi Divan, ASG
Mr. R. Balasubramanian, Sr. Adv.
Mr. Rajan Kr. Chourasia, Adv.
Ms. Vaishali Verma, Adv.
Mr. Sahil Monga, Adv.
Mr. Amrish Kumar, AOR
For Respondent(s) Mr. Partha Sarathi Bhattacharyya, Sr. Adv.
Mr. Arvind Gupta, AOR
Mr. Amit S., Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The learned Additional Solicitor General has, today, placed
before us a communication sent by the Senior Divisional Personnel
Officer, Eastern Railway, Sealdah dated 22.09.2022, stating that
the competent authorities of railways have initiated the process to
employ 79 (seventy nine) applicants. It has further been stated
that the general medical fitness test would be completed by
14.10.2022 and final appointment order would be issued by
21.10.2022.
In continuity with the order dated 26.08.2022, we could only
observe that even if late, when the authorities concerned have
taken concrete steps for compliance, it may not be a case of
willful and deliberate disobedience on their part.
Having said so and having taken note of the submissions made
on behalf of the petitioners, we would modify the impugned order
dated 29.07.2022 in the manner that the observations therein shall
not operate against the petitioners provided the process is
completed as contemplated by the communication dated 22.09.2022,
punctually and without fail. We would leave other aspects of the
matter open for consideration by the High Court in the pending
contempt petition.
A copy of the said communication dated 22.09.2022 may be
placed on record.
It goes without saying that the decision as taken by the
competent authorities in this matter had been in reference to the
peculiar circumstances of the case and orders earlier passed in the
matter.
Subject to the observations foregoing, this petition seeking
special leave to appeal stands disposed of.
All pending applications stand disposed of.
(SNEHA DAS) (RANJANA SHAILEY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
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