Calcutta High Court (Appellete Side)
Sunil Pramanik & Ors vs The State Of West Bengal & Ors on 25 March, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
AD-43 to 48
March 25 2015
m.d. W.P. 5585 (W) of 2015
Sunil Pramanik & Ors.
Vs.
The State of West Bengal & Ors.
with
W.P. 5586 (W) of 2015
Bharat Mahata
Vs.
The State of West Bengal & Ors.
with
W.P. 5587 (W) of 2015
Alok Mahata & Ors.
Vs.
The State of West Bengal & ors.
with
W.P.5589 (W) of 2015
Sanjoy Pal & Ors.
Vs.
The State of West Bengal & Ors.
with
W.P.5591 (W) of 2015
Haradhan Rajak & Ors.
Vs.
The State of West Bengal & Ors.
W.P. 5592 (W) of 2015
Bhabataran Mahata & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Sudipta Dasgupta
Mr. Bikram Banerjee
Mr. Arkadeb Biswas
Ms. Tanushree Roy
... for the petitioners
Mr. Abhratosh Majumdar
Mr. Subhabrata Datta
Mr. Tapas Mandal
... for the State
(in W.P.5585 (W) of 2015)
Mr. Samrat Sen
Mr. Amitava Mitra
2
... for the State
(in W.P.5586 (W) of 2015)
Ms. Chaitali Bhattacharyya
Ms. Tapati Samanta
... for the State
(in W.P.5587 (W) of 2015
Mr. Abhratosh Majumdar
Mr. T.M. Siddiqui
... for the State
(in W.P.5592 (W) of 2015
Pursuant to the order passed on the first of these
petitions on March 18, 2015, a more detailed affidavit has been
filed by the Additional Chief Secretary and Home Secretary to
the State government.
It appears that pursuant to previous orders passed
by this Court, other candidates whose names figure below some
of the petitioners' names were given the engagement as
volunteers on the understanding of the State that the relevant
orders required so. However, the orders did not ask the
respondents to disregard the merit-list or panel that had been
prepared. Such orders only required the relevant petitioners' candidature to be considered in accordance with law.
It is submitted on behalf of the State that since 208 more posts are open for further engagements to be offered, the merit- list and block-wise panels prepared would be followed 3 without exception and the engagements would be given within three months from date.
The State should ensure that those petitioners who have suffered the ignominy of persons worse-placed than them being given engagements ahead of them are considered on a priority basis and offered engagements as expeditiously as possible.
It is fairly submitted by the State that if any person from the block-wise panels prepared have been superseded by a lower-placed candidate being given engagement before him, such candidate will be given the engagement notionally from date when the lower-placed candidate was given the engagement, but the actual benefits may be obtained only with effect from the date of actual engagement.
The State's submission is also recorded that after the 208 posts are filled up, the merit-list would have exhausted itself.
In view of the stand taken by the State and it being likely that the petitioners, or such of them as are eligible, may get their engagements in the foreseeable future, W.P. No.5585 (W) of 2015, W.P. No.5586 (W) of 2015, W.P. No. 5587 (W) of 2015, W.P. No. 5589 (W) of 2015, W.P. No.5591 (W) of 2015 and 4 W.P. No. 5592 (W) of 2015 stand disposed of without any order as to costs.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)