Calcutta High Court (Appellete Side)
Samiran Maity vs The Diamond Harbour Municipality & Ors on 12 February, 2020
Author: Amrita Sinha
Bench: Amrita Sinha
1
08
12.02.2020.
d.p.
W.P. 22941 (W) of 2019
Samiran Maity
-versus
The Diamond Harbour Municipality & Ors.
Mr. Anil Kumar Chattopadhyay.
...For the Petitioner.
Ms. Moumita Mondal.
...For the Diamond
Harbour Municipality.
None appears on behalf of the Director of Local Bodies in
spite of repeated services.
The petitioner was accordingly directed to serve a copy of the
writ petition upon the office of the Learned Government Pleader so
that the Director of Local Bodies may be represented by a learned
advocate.
An affidavit-of-service has been filed which shows service
upon the office of the Learned Government Pleader, but even
thereafter there is no representation on behalf of the Director of
Local Bodies.
Under such circumstances, the Court is left with no other
option but to pass necessary order without the representation on
behalf of the Director of Local Bodies.
2
Pursuant to an advertisement published by the Diamond
Harbour Municipality on 13th December, 2016 for recruitment in
various posts, the petitioner applied for being appointed in the post
of Mazdoor. The name of the petitioner was empanelled for
recruitment in the sanctioned vacant post by the Diamond Harbour
Municipality. The panel for recruitment in the post of Mazdoor
consisted of 14 names.
The petitioner submits that 13 candidates have been
approved and it is only the petitioner who has been left out. No
reason has been communicated to the petitioner for non-approval
of his name for recruitment in the sanctioned vacant post.
The learned advocate appearing for the Municipality submits
that the approval was duly sought for from the Director of Local
Bodies by forwarding the entire panel including the name of the
petitioner.
Until and unless the name of the petitioner is approved for
recruitment, the Municipality is not in a position to issue the letter
of appointment in his favour.
The learned advocate appearing for the Municipality further
submits that they have not been informed about any reason for not
approving the name of the petitioner for recruitment in the post of
Mazdoor.
As the Director of Local Bodies is not represented the Court
draws an adverse inference of the same.
3
The respondent No. 6 being the Director of Local Bodies is
directed to take immediate steps for approval of the name of the petitioner for recruitment in the sanctioned vacant post in the Diamond Harbour Municipality, strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
In the event any formality which is required to be completed on the part of either the petitioner or the Municipality, the Director of Local Bodies shall immediately intimate the same to the petitioner or the Municipality, as the case may be, so that the necessary formality for recruitment of the petitioner is complied with.
W.P. 22941 (W) of 2019 is disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
(Amrita Sinha, J.)