Calcutta High Court (Appellete Side)
Lutfar Rahaman Molla & Ors vs State Of West Bengal & Ors on 22 March, 2013
Author: Murari Prasad Shrivastava
Bench: Pranab Kumar Chattopadhyay, Murari Prasad Shrivastava
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IN THE HIGH COURT AT CLACUTTA
Civil Appellate Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Pranab Kumar Chattopadhyay
And
The Hon'ble Justice Murari Prasad Shrivastava
F.M.A. 112 of 2012
LUTFAR RAHAMAN MOLLA & ORS.
-Vs-
STATE OF WEST BENGAL & ORS.
For the Appellants : Mr. Milan Chandra Bhattacharya
Ms. Daisy Basu.
For State: Mr. Rabindra Narayan Dutta
For Respondent Nos.
2, 3 & 5 : Mr. Himadri Kr. Bandopadhyay
For Added Respondent: Mr. Soumya Majumder,
Mr. Surajit Sen.
Heard on : 26.02.2013 & 22.03.2013
Judgment on : 22.03.2013
Pranab Kumar Chattopadhyay, J.
This appeal has been preferred challenging the order dated 14th February, 2011 whereby and whereunder a learned Judge of this Court dismissed the writ petition on merits.
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The appellant herein is seeking permission to the post of District Engineer under South 24 Parganas Zilla Parishad. There is no dispute that the appellant is the senior most amongst the Assistant Engineers working in the South 24 Parganas Zilla Parishad. In terms of the West Bengal Panchayat (Recruitment and Conditions of Appointment of Employees of Zilla Parishad) Rules, 1997 the post of District Engineer can be filled up in three ways. The method of recruitment for filling up the post of District Engineer has been provided in the said Rules which is set out hereunder:
" XIV. District Engineer (In the rank of Executive Engineer) ................................................... ...................................................
(b) Method of recruitment : (i) By promotion on the basis of seniority-
cum-merit from amongst the Assistant Engineers working in the Zilla Parishad having at least 10 years' qualifying service of Assistant Engineer, or
(ii) by deputation from Executive Engineers, employed such in any engineering department of the State Government, on such terms and conditions as may be determined by order by the State Government, or
(iii) by direct recruitment on renewable contract for a maximum period of two years at a time and on a consolidated remuneration as may be specified by the State Government by order in this behalf from time to time. Selection candidates shall be made by a Committee, to be set up the order by the State Government in this behalf from amongst the candidates sponsored by Employment Exchange or from amongst the applicants responding notice published in this behalf in leading newspapers from amongst both."
3The South 24 Parganas Zilla Parishad has decided to fill up the post of District Engineer at present by the deputationist which is permissible under the prescribed method of recruitment.
This Court cannot compel the authorities of the Zilla Parishad to fill up the post of District Engineer only by promotion, which is one of the methods of recruitment. The competent authority of the Zilla Parishad has decided to fill up the post of District Engineer by the deputationist, which is one of the prescribed methods of recruitment. Therefore, the decision of the Zilla Parishad to fill up the post of District Engineer by adopting one of the prescribed methods of recruitment cannot be held to be illegal. The appellant herein has the right to be considered for the post of District Engineer in the event the competent authority of the Zilla Parishad decides to fill up the said post by promotion which is also one of the recognised methods of recruitment.
For the aforementioned reasons, no relief can be granted to the appellant herein at this stage.
Accordingly, we find no scope to interfere with impugned order under appeal passed by the learned Single Judge.
Therefore, we dismiss the appeal as we do not find any merit in the same. There will be no order as to costs.
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[PRANAB KUMAR CHATTOPADHYAY, J.] Murari Prasad Shrivastava, J.
I agree.
[MURARI PRASAD SHRIVASTAVA, J.] bd