Susanta Kumar Saha v. State Of West Bengal And ORS.

Ct-08 ar 10.10.2023 FMA 781 of 2023 with I.A No. CAN 1 of 2023 Susanta Kumar Saha Vs.

State of West Benal & Ors.

Mr. Sudipata Dasgupta Mr. Arka Nandi Mr. Sondwip Sutradhar Mr. Baibhav Roy ... For the Appellant Mr. Pinaki Dhole ... For the State

1. We have heard the learned counsel appearing for the parties.

2. It is an admitted position that the petitioner was not recruited following the Recruitment Rules prevailing at the relevant point of time and the post where the petitioner was recruited, was not a sanctioned post. The persons who have been recruited on the basis of the process of recruitment prevalent at the material point of time, cannot be equated with the petitioner. Admittedly, the writ petitioner did not participate on the basis of an advertisement published for recruitment of nonteaching staff in the school. Learned Single Judge declined to grant relief to the petitioner on the ground that the appointment of the petitioner in the post of Clerk in the school was made de hors the recruitment rules.

3. Under such circumstances, we are unable to grant any relief to the appellant. The appeal accordingly fails.

10. In view of the aforesaid, the appeal being FMA 781 of 2023 stands dismissed.

11. In view of the dismissal of the appeal, the application being CAN 1 of 2023 is accordingly dismissed.

12. However, there shall be no order as to costs.

13. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

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