Rabindranath Baskey v. State Of West Bengal & ORS

15.09.2023 Item No.5 Ct. No.5 CHC (disposed of) WP.ST 32 of 2016 Sri Rabindranath Baskey Vs.

State of West Bengal & ors.

Mr. Tarun Kumar Das ...for the writ petitioner Mr. Tapan Kr. Mukherjee, Sr. Advocate & A.G.P. Mr. Pinaki Dhole, Mr. Somnath Naskar ...for the State-respondents Report as called for submitted in Court be taken on record.

It appears from the decision of the Director, ICDS that, the petitioner would not be considered for the grant of promotion in view of lack of documents submitted at the behest of the petitioner. However, Director, ICDS, in her report is of the view that as a special case, the file of the petitioner may be referred to the Finance Department.

The writ petition is directed against an order dated June 25, 2014 passed by the West Bengal Administrative Tribunal in O.A.964 of 2011.

By the impugned order, the Tribunal, observed that there were no cogent ground to interfere with the stand taken by the respondent authorities with regard to the grant of promotion to the writ petitioner.

Subsequent to the impugned order, a further exercise was undertaken by the Director, ICDS, at the request of the Court, for consideration of the candidature of the writ petitioner for grant of promotion. The Director, ICDS in her report specifies the reasons as to why, the candidature of the writ petitioner could not be considered.

The report being well reasoned and being prepared after affording the writ petitioner an opportunity of hearing, we find no reason to direct grant of promotion to the writ petitioner.

In such circumstances, WP.ST 32 of 2016 is disposed of by requesting the Director, ICDS to forward the case of the writ petitioner to the Finance Department, as stated in her report, within seven days from date.

Needless to say that the Finance Department will take appropriate decision on the claim of the writ petitioner, in accordance with law.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)