STATE OF WEST BENGAL Vs. KAMAL KANTA SINGH

JUDGEMENT

(1.) This mandamus appeal is at the instance of the respondents in a writ application filed by Kamal Kanta Singh, the sole respondent of the instant appeal and is directed against the order dated June 30, 1989 passed by a learned single Judge of this court allowing the writ application filed by the sole respondent thereby issuing a writ of mandamus commanding the present appellants to treat the sole respondent as in service all throughout as driver of the department concerned without break. The appellants herein were also directed to pay all balance of the emoluments of the respondent as a driver within 12 weeks from the date of communication of the said order including the annual increments which he would have been entitled to in the meantime.

(2.) The case put forward by the respondent herein in his writ application may be summarised thus :-

(3.) The said writ application was contested by the respondent No.1 viz. the State of West Bengal alone by filing affidavit-in-opposition. It may be mentioned here that in the said writ application the State of West Bengal was made respondent No.1, the First Land Acquisition Collector was made respondent No.2 and one Sri Ram Prosad Chakraborty, the Second Land Acquisition Collector, Calcutta was made respondent No.3, who are all appellants before us.