Calcutta High Court (Appellete Side)
Panchu Gopal Debnath vs Union Of India & Ors on 28 September, 2011
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1
ar 28.9.2011 WPCT 545 of 2004
with
49 CAN 6254 of 2009
Panchu Gopal Debnath
Vs.
Union of India & Ors.
Mr. Purnasish Bhuina
...For the Petitioner
Mrs. Ranjana Guha
... For the Respondents
CAN 6254 of 2009 This is an application for restoration. Causes shown being sufficient, delay is condoned. Order dated July 03, 2009 is recalled. WPCT 545 of 2004 is restored and is heard. CAN 6254 of 2009 is disposed of accordingly.
WPCT 545 OF 2004 We have heard Mr. Purnasish Bhunia, learned counsel, appearing for the petitioner and Mrs. Ranjana Guha, learned counsel, appearing for the respondents.
The record would depict that the petitioner participated in the selection process for the post of EDDA in Boinchberia Post Office. Pertinent to note, one regular incumbent Deboprasad Chakraborty who was under put off duty had 2 been ordered to be reinstated by the Superintendent of Post Office, South Presidency Division. Accordingly, Sri Chakraborty was reinstated relieving Sripati Jana who was officiating therein. As such the post of EDDA in Boinchberia Branch Office was filled up as a consequence. No new candidate could be given appointment. The reasoned order passed by the Authority came up for consideration in the second petition before the Tribunal. The Tribunal observed that the petitioner was 22 in the select list. His chance would only come in case 21 candidates declined to accept the offer. In any event, the post was not filled up in view of the subsequent development as referred to above.
The Tribunal dismissed the application that does not deserve any interference by us. WPCT 545 of 2004 thus fails and is hereby dismissed.
There would be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Ashim Kumar Banerjee, J.) 3 (Dr. Mrinal Kanti Chaudhuri , J.)