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Calcutta High Court (Appellete Side)

Tarun Kumar Mallick & Anr vs The State Of West Bengal & Ors on 13 March, 2020

Author: Amrita Sinha

Bench: Amrita Sinha

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13.03.2020
Ct. No. 24
Item No. 23
   pk.

                              W.P. No. 3219 (W) of 2020

                             Tarun Kumar Mallick & Anr.
                                          -vs-
                            The State of West Bengal & Ors.


Mr. Amit Sharma,
Mr. B. Singh                for the petitioners

Mr. Anubrata Santra         for the State




    The petitioners seek to be appointed as Zoo Keepers. The petitioners along

with others preferred an earlier writ petition before this court praying for

issuance of appointment letter in their favour. In the said writ petition being W.P.

No. 9752 (W) of 2015 by an order dated 6th July 2015, the court upon

considering the submissions made on behalf of both the parties and upon

perusing the report in the form of an affidavit filed by the respondents, recorded

that sixteen number of candidates, who were working on casual basis in different Zoos can be granted appointment immediately, and the rest nineteen persons, names of whom were appearing in the report cannot be given appointment until and unless the verification process is completed.

The court directed the respondents to ensure completion of the verification process within a specified time.

The order not being complied with, an application for contempt was filed wherein a status report of the verification of the experience of nine provisionally 2 selected candidates for appointment as Zoo Keepers were filed by the respondents.

The Director, Padmaja Naidu Himalayan Zoological Park, The Director, Zoological Garden, Alipur and the Director, North Bengal Wild Animals Park were the signatories of the aforesaid status report. The names of the petitioners appear in serial no. 2 and 6 of the said report. The recommendation of the Screening Committee as appearing from the status report mentions that after scrutinizing documents, appointment for the post of Zoo Keeper is recommended. The petitioners complain that till date no steps have been taken by the respondent authorities for issuance of the appointment letter in their favour. The learned advocate representing the Zoo Authority submits that the petitioners are not eligible to be appointed as Zoo Keepers as they were never assigned to handle wild animals in captivity.

The submissions of the respondents cannot be accepted in view of the fact that the status report prepared by the Selection Committee comprising of the Directors of three different Zoo Authority have already opined that the petitioners were eligible for recommendation for appointment as Zoo Keepers. The said recommendation was made after scrutinizing the necessary documents. In view of the above, the respondent no. 6 being the Secretary of the West Bengal Zoo Authority is directed to take necessary steps in furtherance of the recommendation made in favour of the petitioners for appointment in the post of Zoo Keeper. Such steps shall be taken within eight weeks from the date of communication of a copy of this order.

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W.P. No. 3219 (W) of 2020 is disposed of.

Affidavit of service filed in court is taken on record. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)