IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.806 of 2008 DR.M.L.BANARJEE Versus THE M.D.,FOOD CORPN.OF INDIA & ORS. ----------- For the appellant: Mr. P.K.Sinha – 2 , Advocate Mr. N. Ganguly, Advocate For the respondents : Mr. Prabhakar Tekriwal, Adovcate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 20th October, 2008 The counsel for the respondents fairly submits that the grievance of the appellant shall be examined in accord with the decision of the Calcutta High Court given in a group of matters being W.P.No.486 of 1999; Dinesh Kumar Gautam vs. Food Corporation of India & Ors. and other companion matters, decided on 27th February, 2001. 2. The submission of the counsel for the respondents is reasonable and in view thereof, we observe that irrespective of the decision of the single judge dismissing the writ petition on the ground of laches and delay, the respondents shall re-examine the appellant’s claim in the light of the afore noticed Calcutta High Court decision and if he is entitled to notional promotion in the light of the said decision, an appropriate order shall be passed in that regard. 3. We may, incidentally, notice that the decision of the 2 Calcutta High Court in the afore referred matter is based on earlier division bench decision of that court in the case of Pankaj Kumar Sarkar vs. Food Corporation of India & Ors., decided on 7th January, 1998. 4. Letters patent appeal stands disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-