ALIAH UNIVERSITY Vs. SK. MARJAMAL HAQUE

JUDGEMENT

(1.) Aliah University (hereinafter the University), its Vice-Chancellor and the Officer-in-Charge, Calcutta Madrasah/Calcutta Madrasah College, are the appellants before us. They call in question the legality, propriety and correctness of the judgment and order dated May 7, 2014 passed by a learned Judge of this Court allowing WP 12104(W) of 2007 [Sk. Marjamal Haque v. Officer-in-Charge, Calcutta Madrasah & ors.]. The contesting respondent in the appeal is obviously the writ petitioner, Sk. Marjamal Haque.

(2.) By the same judgment and order dated May 7, 2014, a subsequent writ petition of the writ petitioner being WP 1255 (W) of 2011 [Sk. Marjamal Haque v. Aliah University & ors.] also stood disposed of in view of the decision in WP 12104 (W) of 2007. No separate appeal has, however, been carried from the order of disposal of WP 1255 (W) of 2011 by the appellants.

(3.) While disposing of WP 12104 (W) of 2007, the learned Judge concluded on the basis of categorical findings (which we shall refer later) that there was no irregularity and or illegality in the appointment of the writ petitioner and, therefore, the concerned authorities including the university were directed to regularize the service of the writ petitioner "and to grant gratuity and the scale of pay which the writ petitioner is entitled to along with all the benefits as directed in the order dated 24th December, 2010 of the Hon'ble Single Judge of this Court". The University was directed to act on the communication of the learned Advocate-on-record for the writ petitioner within 7 days from date without waiting for the certified copy of the order.