Calcutta High Court (Appellete Side)
Rathindra Nath Biswas vs The State Of West Bengal & Ors on 17 April, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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17.04.2013.
srm
W.P. No. 10057 (W) of 2013
Rathindra Nath Biswas
Versus
The State of West Bengal & Ors.
Mr. Ekramul Bari,
Mr. K.M. Hossain
... For the Petitioner.
None appears on behalf of the respondents in spite of service of
copies of this writ application upon them. Let affidavit‐of‐service be kept on record.
This writ application is filed by the petitioner for a direction upon the respondents to allow him to join his duties in the post of Clerk of Kadambagachi H.K.M.C.M. High School, P.O. Kadambagachi, District‐ North 24‐Parganas in response to the letter of appointment issued in his favour by the respondent No.6 under Memo No.KHS/157(2) dated November 21, 2012.
The name of the petitioner was recommended by the West Bengal Regional School Service Commission, South Eastern Region, for appointment to the above post on October 31, 2012. On the basis of the above recommendation, the respondent No.6 issued the aforesaid letter of appointment dated November 21, 2012 in favour of the petitioner directing 2 him to join within thirty days after the receipt of the above letter of appointment. The petitioner submitted a representation to the respondent No.4 for extending the time of joining the aforesaid service for the purpose of obtaining a breathing time for his release from the existing employer. The respondent No.5 extended the last date of his joining till February 20, 2013. According to the petitioner, he went to the school on February 23, 2013 for joining his duties but he was not allowed to join.
Having heard the learned Counsel appearing for the petitioner as also after considering the facts and circumstances of this case, I find that the West Bengal Regional School Service Commission, South Eastern Region, while considering the representation of the petitioner for extending the last date of joining observed that the prayer had been made by the petitioner on reasonable ground. I further find there was a delay of about one or two days, i.e. on February 23, 2013 in reporting. Since none is present before this Court to represent the respondents in spite of service of copies of this writ application upon them the averment made in this writ application remain uncontroverted.
In view of the above, I find that the action on the part of the respondent No.6 was arbitrary in not allowing the petitioner to join his duties.
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I direct the respondent authority to allow the petitioner to join his duties in the post of Clerk of the above school on or before April 22, 2013.
This writ application is, thus, disposed of.
There will be, however, no order as to costs.
The learned Advocate appearing on behalf of the petitioner is directed to communicate this order to the respondents and the respondents are directed to act upon such communication.
Urgent photostat certified copy of this order be supplied to the petitioner, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )