Calcutta High Court (Appellete Side)
Dr. Santanu Suba vs The State Of West Bengal & Ors on 17 June, 2020
Author: I. P. Mukerji
Bench: I. P. Mukerji
17.06.2020
Sl.No. 1
Ct.No.11
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
WPST No. 58 of 2020
With
CAN 3159 of 2020
+
CAN 3186 of 2020
Dr. Santanu Suba
Vs.
The State of West Bengal & Ors.
Mr. D. N. Roy
Mr. Biswarup Nandy
... for the petitioner
Mr. Tapan Mukherjee
...for the State
Re: CAN 3159 of 2020
+
CAN 3186 of 2020
This is a writ against an order of the West
Bengal Administrative Tribunal dated 11th May,
2020 directing the Director of Medical
Education & Ex-Officio Secretary, Department
of Health & Family Welfare, Government of
West Bengal, Swasthya Bhavan, to dispose of
the representations of the writ petitioner dated
6th April, 2020 and 18th April, 2020 by 30th
May, 2020.
Aggrieved by this order on or about 15th
May, 2020 the writ petitioner filed this writ
application before this court.
2
Meanwhile, while the writ was awaiting
consideration by the court on 27th May, 2020
the Secretary, Department of Health & Family
Welfare, Government of West Bengal, passed an
order rejecting the representation of the
petitioner.
The writ petitioner has got employment in
the All India Institute of Medical Science
(AIIMS), Bhubaneswar.
Under the Rules he needs the permission
of the West Bengal Government to join the post.
According to learned counsel for the petitioner
on joining the post in AIIMS, Bhubaneswar, he
would retain lien over his present post.
Learned counsel submits that the tribunal
has abdicated its functions by directing the
Government of West Bengal to consider the
case of the petitioner when the tribunal was
required to do as itself.
Learned counsel also submits that because
of this order dated 27th May, 2020 he is neither
able to retain the lien or join the new post.
A substantial question has been raised and
this has to be gone into in the writ application.
The tribunal ought to have adjudicated upon
the matter. This jurisdiction is vested in it.
The petitioner approached the tribunal because
3
he was aggrieved by the decision of the State
government. These observations are prima
facie.
Learned counsel for the respondents
submits that since the order has been passed on 27th May, 2020 the petitioner can no longer challenge the tribunal's order.
Prima facie we reject this argument on the ground that this appeal has been filed right after passing the tribunal's order and before the Government of West Bengal order dated 27th May, 2020.
In those circumstances, we pass an interim order directing the Secretary, Department of Health & Family Welfare, Government of West Bengal, to issue a provisional 'no objection certificate' to the petitioner within 48 hours of communication of this order, so that he can join AIIMS, Bhubaneswar.
Furthermore, we direct that the AIIMS, Bhubaneswar will be at liberty to employ the petitioner only on a temporary basis immediately irrespective of whether the provisional no objection is issued by the Government of West Bengal, or not. Further, temporarily the lien on that post will be 4 retained by the petitioner, subject to the result of the writ.
The appointment will be subject to the result of the writ. All questions including those regarding lien and issuance of a no objection certificate will also abide by the result of the writ application.
This writ is formally admitted. Let affidavits be exchanged according to the following directions:-
Affidavit-in-opposition by 3rd July, 2020. Affidavit-in-reply may be filed by 20th July, 2020.
This writ may be mentioned before the appropriate Bench in accordance with the procedure existing at that time.
Parties to act on the basis of website copies of this order.
Both the applications (CAN 3159 of 2020 and CAN 3186 of 2020) are disposed of.
( I. P. Mukerji,J. ) ( Abhijit Gangopadhyay,J. )