Calcutta High Court (Appellete Side)
(Mozammel Haque & Ors vs State Of West Bengal on 14 July, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1
4
14.07.2016
rrc
W. P. 11544 (W) of 2016
(Mozammel Haque & Ors. Vs. State of West Bengal
& Ors.)
Mr. Supratim Laha
Mr. Debasis Karmakar
.......For the petitioners
Mr. Abhrotosh Majumder, Ld. Govt. Pldr.
Ms. Chaitali Bhattacharya
Mr. T. M. Siddiqui
.......For the State
Mr. Baidurya Ghosal
......For the respdt. nos. 22, 23, 25 & 26
This writ petition has been presented seeking, inter alia,
the following relief :-
(a) A writ in the nature of Mandamus
commanding the respondents, their men,
agents or servants to quash/rescind and/or withdraw the appointment letter given to the private respondent nos. 22 to 26;
(b) A writ in the nature of Mandamus commanding the respondent no. 2 his men, agents or servants to revisit the vacancy position through out the State of West Bengal and thereby declare the vacancy in respect of Nadia District and thereby complete the selection process in terms of the panel prepared by the District Magistrate, Nadia;
(e) A declaration declaring that the action taken pursuant to Order No. WBFES/4144/1(10) dated 20th August, 2013 issued by the Director, West Bengal Fire & Emergency Services, wherein 15 names are sponsored to be illegally.
2Mr. Ghosal, learned advocate representing the respondents 22 to 26 submits that the appointment letters have not been issued in their favour. Question of considering prayer (a), therefore, does not and cannot arise. Insofar as prayer (b) is concerned, it appears that a batch of writ petitions was considered by a co-ordinate Bench and by order dated 30th November, 2015, such writ petitions were disposed of ordering as follows:-
"For reasons state above, this Court is of the view that the Director General, West Bengal Fire & Emergency Services, shall revisit the vacancy position throughout the State of West Bengal and if vacancies are available, consider the petitioners' case for being appointed to the posts-in-question, provided of course, they are otherwise eligible and/or entitled to, in accordance with law.
Let a copy of this order be forwarded to the learned Government Pleader, West Bengal, by the learned Registrar General of this Court. Upon receipt of the same, the learned Government Pleader shall write to the Chief Secretary, Government of West Bengal, enclosing a copy of this order so that it could be widely circulated amongst all State Ministries/Departments/and Offices right upto the Block level, for guidance in respect of preparation of note-sheets/orders."
There being an order of Court, respondent no. 2 is duty bound to give effect to the same in the manner directed by the Court.
Mr. Majumder, learned Government Pleader and Mr. Ghosal do not join issue.
3This Bench has been informed that action in terms of the order of the co-ordinate Bench is underway. Let the order be complied with as early as possible but not later than a month from date.
Regarding prayer (e), this Bench observes that the petitioners while seeking an order on the respondent no. 2 to comply with the order dated 30th November, 2015 cannot seek relief in respect of incidents prior to 30th November, 2015 in the absence of any challenge to such order, which by now has attained finality.
Prayer (e) is, therefore, not granted. The respondent no. 2 shall communicate to each of the petitioners the fate of their candidature. The writ petition stands disposed of with the aforesaid observation/direction. There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
( Dipankar Datta, J. )