Rajendra Kr. Mondal v. State Of West Bengal & ORS.

FMA 1831 of 2015 CAN 1 of 2015 (old CAN 1839 of 2015) Item-17.

10-10-2023 Rajendra Kumar Mondal sg

Versus

The State of West Bengal & Ors.

Ct. 8

1. The parties are not represented nor any accommodation is prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and from 19th September, 2023 with a clear indication that the said matter shall be transferred to the Regular Bench on 6th October, 2023. The appeal is again listed today in the main cause list. All the parties have sufficient notice about the listing of the matter before the Regular Bench on and from 6th October, 2023.

3. The appeal was filed on 06-02.2015. The record shows that no attempt has been made to move this appeal after it was filed. No step has been taken to serve notice and prepare paper books. It clearly shows that the appellants are not interested to proceed with the appeal and have virtually abandoned the appeal.

4. However, we have considered the materials on record and the impugned order. It appears that the petitioner is aggrieved by the decision of the Principal of the College to discharge his function of a Cashier despite being appointed as LDC by the Secretary of the Bengal Institute of Technology.

5. During hearing, an attempt was made to find out as to what are the qualifications of the other LDCs working in the College. It has been found that three Under-Graduates and

one Arts (Pass) Graduate are the other LDCs. The petitioner is an Arts Graduate. Moreover, it transpired that the petitioner in the year 2008 agreed to work as Cashier and this letter has not been questioned.

6. In view of the aforesaid background of the facts, we do not find any reason to interfere with the order passed by the learned Single Judge.

7. The appeal fails. The appeal and the connected application are accordingly, dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)