Supreme Court - Daily Orders
Sec.Of Mg.Commit Kalinagr.Girls ... vs Archana Ghosh(Saha) . on 28 July, 2015
Bench: M.Y. Eqbal, Arun Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8248 OF 2010
SEC.OF MG.COMMIT KALINAGR.GIRLS HIGH.SCL APPELLANT(S)
VERSUS
ARCHANA GHOSH(SAHA) & ORS. RESPONDENT(S)
With
SLP(C) No.30620/2011
O R D E R
CIVIL APPEAL NO.8248 OF 2010 The question involved in this appeal is whether the impugned judgment and order dated 09.07.2010 passed by the High Court in favour of the respondent/s can be sustained in law.
We have heard learned counsel appearing for the parties and perused the record.
It appeared that a post of Group 'D' (Lady Attendant) in Kalinagar Girls' High School was lying vacant before 2009. The West Bengal School Service Commission (Amendment) Act, 2008, (for short the Signature Not Verified Digitally signed by Sanjay Kumar 'Amendment Act, 2009') came into force on 1st January, Date: 2015.07.29 17:09:04 IST Reason: 2009, whereby the power was vested with School Service Commission to fill up that post. Admittedly, the post was 2 advertised on 31.01.2009 that is after the Amendment Act, 2009 came into force. Although this was the admitted position but the High Court proceeded on the basis that since the post was lying vacant before 2009, the process of appointment shall be governed by the unamended provisions of the Act and not by the Amendment Act, 2009. This approach of the High Court is wholly contrary to the laws settled by the Full Bench of the Calcutta High Court and also by this Court. On this sole ground, the impugned judgment and order passed by the High Court cannot be sustained in law.
Accordingly, this appeal is allowed and the impugned order passed by the High Court is set aside. SLP(C) No.30620/2011
None appears on behalf of the petitioner to press this petition.
Hence, the special leave petition is dismissed as not pressed.
..................J [M. Y. EQBAL] ..................J [ARUN MISHRA] NEW DELHI;
JULY 28, 2015.
3 ITEM NO.111 COURT NO.10 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.8248/2010 SEC.OF MG.COMMIT KALINAGR.GIRLS HIGH.SCL Appellant(s) VERSUS ARCHANA GHOSH(SAHA) & ORS. Respondent(s) (With office report)
WITH SLP(C) No.30620/2011 (With Office Report) Date : 28/07/2015 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. S.K. Gupta, Adv.
For Mr. Shekhar Kumar,Adv. Mr. S. K. Sabharwal,Adv. (Not Present) For Respondent(s) Mr. Joydeep Mazumdar, Adv.
Ms. Sweety Chattopadhyay, Adv. For Mr. Chiraranjan Addey,Adv. Ms. Shagun Matta, Adv.
Mr. Anip Sachthey,Adv.
Mr. Mithilesh Kumar Singh,Adv. Mr. Tayenjam Momo Singh,Adv. Mr. Rauf Rahim, Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R Civil Appeal No.8248/2010 This appeal is allowed in terms of the signed order. SLP(C) No.30620/2011 None appears on behalf of the petitioner to press this petition.
Hence, the special leave petition is dismissed as not pressed.
(Sanjay Kumar-II) (Indu Pokhriyal)
Court Master Court Master
(Signed Order is placed on the file)