Calcutta High Court (Appellete Side)
Mantu Ghosh & Ors vs The Raiganj University & Ors on 12 February, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1 04 12.02.18
suman Ct.4 W.P. 28730 (W) of 2017 Mantu Ghosh & Ors.
Versus The Raiganj University & Ors.
Mr. Kamalesh Bhattacharya Mr. Goutam Kumar Thakur Mr. Anandamayi Ghosh ...for the petitioners Mr. Washef Ali Mondal ...for University Mr. Sirsanya Bandhopadhyay, Ld. Jr. Standing Counsel Mr. Parikshit Goswami ...for the State Mr. Bhattacharya, learned advocate appears on behalf of petitioners and submits, nine of the petitioners were appointed by North Bengal University in Raiganj College presently affiliated to Raiganj University. They have served continuously without interruption or intervention of Court for ten years. He submits, they are entitled to their service being regularized. He relies on a judgment of Supreme Court in State of Karnataka and Ors. vs. M. L. Kesari reported in AIR 2010 Supreme Court 2587, in particular to paragraphs 4 and 5. In paragraph 4 he relies on the extract of paragraph 53 from State of Karnataka vs. Umadevi reported in AIR 2010 Supreme Court 2587. He then relies on the 2 interpretation of irregular appointment in paragraph 5. He next relies on an unreported judgement dated 29th January, 2018 in AST No. 242 of 2014 (Prasanta Kumar Das and others vs. State of West Bengal & Ors.). He submits, Prasanta Kumar Das (supra) is a judgment by which his clients are covered. It was delivered on reliance on a judgment of Supreme Court in State of Jammu and Kashmir and others vs. District Bar Association, Bandipora reported in (2017) 9 SCC 410. The petitioners were appointed by reason of administrative exigencies. Their appointment and services were necessary as borne out by subsequent creation of 40 (forty) posts against which they claim regularization. Their appointments cannot, therefore, be said to be irregular.
Mr. Mondal, learned advocate appears on behalf of Raiganj University and disputes that 40 (forty) posts have been created. He will obtain instructions and inform the number of posts created.
Affidavits have been filed. The interim order is due to expire on 25th February, 2018. The matter is required to be heard.
List on 21st February, 2018 under the heading 'Hearing'. The interim order is to operate till disposal. 3 ( Arindam Sinha, J. )