Calcutta HC Stays Its Order Directing Group D Employees To Refund Salaries

The Calcutta High Court has recently stayed the portion of its previous order directing 1911 Group D employees to refund salaries.

On 10^th February, a single judge had ordered for cancellation of appointments of the appellants (Achinta Kumar Mondal & Ors. & Laxmi Tunga and Ors), who were serving in Group ‘D’ Posts selected in the 2016 Recruitment Process after their OMR sheets were found to be manipulated.

The division bench of Justice Subrata Talukdar and Justice Supratim Bhattacharya directed that there will be a stay only of the portion of the Order directing the appellants to refund salaries.

“At this stage, considering the principles of balance of convenience and double jeopardy, there shall be only a stay of the portion of the Order directing the appellants to refund salaries from the date of their appointments as stated in Paragraph 19 of the Order dated 10th February, 2023, until further orders.”, the bench stated.

Appearing for appellants, advocate Partha Sarathi Deb Barman submitted that the Single Bench passed drastic orders without granting them the opportunity of being heard.

Additionally, it was stated that the appellants not only risk losing their jobs but also risk having their applications for future gainful employment rejected. They have also been ordered to return their earnings.

On the other hand, appearing for the respondents (State of West Bengal & Ors), advocate Bikash Ranjan Bhattacharya submitted that the orders impugned are the culmination of orders by which the Single Bench adjudicated the issues.

They contended that the Single Bench correctly directed the cancellation of 1911 candidates’ appointments.

The appointments of 1911 candidates were cancelled by the Single Judge after the Court determined that the candidates were recommended due to manipulation of their OMR sheets during the 2016 Recruitment Process.

The Court has scheduled the next hearing on March 3, 2023.