Rabindra Nath Das@Rabindra Nath Dash v. State Of West Bengal And ORS.

13.08.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 11338 of 2021 Rabindranath Das @ Rabindranath Dash Vs.

The State of West Bengal & Ors.

Mr. Debashis Banerjee, Mr. Supreem Naskar ... For the petitioner.

Mr. Tapan Kumar Mukherjee, Ms. Saheli Mukherjee ... For the respondents no. 1, 2 and 3.

The petitioner says that he intends to challenge the rejection of his recommendation made for regularization of his service. Although it is submitted on behalf of the State respondent that the rejection was done by the Additional Chief Secretary, Department of Finance, Government of West Bengal, sometime around 4th September, 2019, but the fact remains that the same has been communicated to the Managing Director of Film Development Corporation Limited only on 5th August, 2021. The petitioner has come to know about such rejection only after 5th August, 2021.

In the facts and circumstances as aforesaid, I dispose of the writ petition by allowing the petitioner to challenge the order of rejection as communicated by the memo dated 5th August, 2021

issued by the Assistant Secretary, Department of Information & Cultural Affairs, Government of West Bengal, to the Managing Director, West Bengal Film Development Corporation Ltd., taking all points including those taken in the instant writ petition so far as it relates to consideration of the recommendation made in respect of the petitioner. Nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Arindam Mukherjee, J.)