DARJEELING GORKHA UNEMPLOYED PRIMARY TRAINED TEACHERS WELFARE ORGANIZATION (D.El.Ed) AND ANR v. STATE OF WEST BENGAL AND ORS
MAT/22/2019 · 2025-06-13
Md Shabbar Rashidi, Ravi Krishan Kapur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51963 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51963 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
30.06.2025 Item No.2 Court No.01 S.Bag(AR(CR))
In the High Court at Calcutta Circuit Bench at Jalpaiguri
MAT/22/2019 IA NO: CAN/2/2019
DARJEELING GORKHA UNEMPLOYED PRIMARY TRAINED TEACHERS WELFARE ORGANIZATION (D.El.Ed) AND ANR VS STATE OF WEST BENGAL AND ORS
Ms. Esha Acharya, Adv. Ms. Ambiya Khatoon, Adv.
……for the appellant
Mr. Arnab Mukherjee, Adv.
……for the respondent no. 6
This is an application for recalling of an order dated 13th June, 2025 dismissing the instant appeal for default. Significantly, in passing the order dated 13th June, 2025, a Coordinate Bench had categorically recorded that this litigation has a chequered history and notwithstanding repeated opportunities the appellant had chosen not to appear. The appellant is represented and seeks an adjournment. The respondent primary Board is also represented. The respondent no. 6 is also represented. On perusal of the above application the only ground in the petition is that the clerk of the
2 earlier Advocate had failed to take note of the matter which resulted in the application being dismissed for default. On consideration of the grounds alleged in the petition and after hearing the parties, we find no grounds whatsoever to recall the order dated 13th June, 2025. The application as framed is unsubstantiated. Such orders cannot be recalled in routine or mechanical manner. There are no cogent grounds or sufficient cause which justify recalling of the order dated 13 June, 2025. In fact, the alleged reason for non- appearance on 13 June, 2025 reflects the casual indolent and gross negligence of the appellant in pursuing the appeal. In view of the above, CAN/2/2019 stands dismissed. There shall be no order as to costs.
(RAVI KRISHAN KAPUR, J.)
(MD. SHABBAR RASHIDI, J.)