Calcutta High Court (Appellete Side)
424W/2013 on 18 July, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
18.07.2013
Item Nos.78 & 79
SB
W.P. 424 (W) of 2013
With
W.P. 426 (W) of 2013
With
W.P. 1146 (W) of 2013
With
W.P. 28016 (W) of 2013
With
W.P. 26166 (W) of 2013
With
CAN 4986 of 2013
Mr. S. Pal,
Mr. S. Banerjee,
Mr. P. Chaturvedi,
Mr. A. K. Ghosh,
Ms. K. Bhattacharya,
Ms. A. Saha,
Mr. K. Ganguly.............for the petitioners.
Ms. S. Nandy,
Mr. P. Dutta,
Ms. P. Pal,
Mr. N. K. Manna,
Ms. M. Mukherjee............for the State
Mr. S. Banerjee......for the High Court Administration.
The petitioners in this batch of writ petitions offered their
candidature for appointment on the posts of Process Server in the
Judgeship of South 24-Parganas. It is their claim that despite
being empanelled, offers of appointment have not been issued in
2
their favour on the ground that 50% of the posts that were
advertised would be filled up by way of promotion.
On the last occasion, I had called upon the respondents to file
their respective affidavits-in-opposition. An affidavit-in-opposition has been filed on behalf of the District Judge, South 24-Parganas in W.P. 424 (W) of 2013. To such affidavit is annexed a copy of memo dated 20.07.2009 issued by the Secretary-in-Charge, Judicial Department, Government of West Bengal. It appears therefrom that in terms of the order of the Hon'ble Supreme Court dated 11.02.2009, the Government had been pleased to decide to implement the recommendations of the Shetty Commission for the staff attached to the process serving establishment in the sub-ordinate Courts of the State. It further appears that the mode of recruitment to fill up the posts of 'Process Server' is 50% by direct recruitment and 50% by promotion of peons/orderlies having the minimum educational qualifications. The said memo appears to have been forwarded for information and necessary action to the Registrar General of this Court.
Mr. Banerjee, learned advocate appears for the High Court Administration. It is ascertained from him that no affidavit-in- opposition could be filed for want of appropriate instructions. 3 It is rather unfortunate that the High Court administration is found to be remiss in furnishing instructions to its learned advocate and, therefore, this Court has been disabled from proceeding further.
It is also surprising that the employment notice dated 06.07.2011, pursuant whereto the petitioners offered their candidature, having indicated 76 posts of Process Server to be filled up by the process of direct recruitment in the Judgeship of South 24 - Parganas, the High Court administration has now decided not to fill up all the posts on the results of the recruitment examination and to set apart 50% for being filled up by promotion of peons/orderlies. It is claimed that only in case of South 24 Parganas District the employment notice in its entirety has not been given effect whereas the same have been given effect insofar as the Districts of Murshidabad, Nadia, Howrah and North 24 Parganas are concerned.
Whether or not the number of vacancies could be reduced in the midway of the selection process is the question that would require an answer.
For want of effective assistance, hearing of this batch of writ petitions has to be adjourned.
Put up the same on Thursday next under the same heading. 4 The present incumbent on the post of Registrar General of this Court is directed to personally look into the matter and to furnish appropriate instructions to Mr. Banerjee to ensure that effective assistance is rendered for facilitating early disposal of these writ petitions.
There shall be an interim order restraining the respondents from filing up any further posts of 'Process Server' in the judgeship of South 24 Parganas without leave of Court.
Let a photocopy of this order be issued to the learned advocate for the High Court administration, duly countersigned by the Assistant Registrar (Court), on the usual undertaking.
(DIPANKAR DATTA, J.)