Goutam Patra v. W.B.S.E.B.

17.01.2023 sb Ct 550

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2112 of 2007 Goutam Patra Vs.

The West Bengal State Electricity Board & Ors. Mr. Kanak Kiran Bandyopadhyay ... For WBSEDCL.

None appear on behalf of the petitioner.

Pursuant to the direction passed by this Court on 25th November 2022, a report has been filed. I find from the report that a co-ordinate Bench of this Court by order dated 14th May 2007, was pleased to dismiss the writ petition being W.P. 21358 (W) of 2006, inter alia, on the ground that the same had become infructuous only on account of cessation of West Bengal State Electricity Board (WBSEB) which had been replaced by two new entities, West Bengal State Electricity Distribution Company Limited (WBSEDCL) and West Bengal State Electricity Transmission Company Limited (WBSETCL) which have started functioning from 1st April 2007.

I find that by order dated 14th February, 2007 this Hon'ble Court while admitting the writ application was, inter alia, pleased to observe as follows:- "It is stated at the bar that the point involved in this case is identical to the point involved in W.P. No. 21358(W) of 2006 which is pending consideration by this Court after having been admitted on 25.9.2006. In that case, an interim order was granted and therefore, similar interim order is also granted in this case directing the Respondent Authorities to allow the Petitioner/(s) to participate in the selection process subject to his/her/their being eligible on all counts. However, the results will not be disclosed and the

same shall be kept in a sealed cover, awaiting further orders of this Court.

Let this application be listed immediately after disposal of W.P. No. 21358(W) of 2006 referred to above."

In view of the dismissal of the writ petition no. 21358(W) of 2006 as noted above, the instant writ application is taken up for hearing.

The present writ application, however, proceeds against the WBSEB.

The writ petitioner, by filing the aforesaid writ application has sought for a direction upon the respondents to allow the petitioner to participate in the interview for the post of Group-D in West Bengal State Electricity Board. More than 15 years have since passed. Records would reveal that after 14th February, 2007, none appeared on behalf of the writ petitioner. In view thereof and on account of failure on the part of the petitioner in not taking any steps in the matter whatsoever, since thereafter for more than 15 years, apart from filing of the present writ application, nothing survives in the aforesaid writ application and the same is accordingly dismissed.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis upon completion of requisite formalities.

(Raja Basu Chowdhury, J.)