Pradip Chakraborty v. State Of West Bengal & ORS

Item No. 2 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 12.12.2022 Ct-24 WPA 13672 of 2019 Pradip Chakraborty v.

The State of West Bengal & Ors.

with CAN 1 of 2022 Mr. Samim Ahamed Mr. Ambiya Khatun Ms. Saloni Bhattacharjee ... for the petitioner.

Mr. Prabir Kumar Bhowmick Mr. Anirban Saha ... for the Municipality.

Pursuant to the order passed by this Court on November 25, 2022, learned advocate representing the Santipur Municipality has produced the instruction provided by the Chairman of the Municipality signed on December 1, 2022 mentioning that the process of promotion to the post of clerk was initiated in the month of February 2019.

The Chairman of the Municipality, by a letter dated July 27, 2019, requested the Director of Local Bodies for approval of the promotion to the post of clerk but the Director of Local Bodies did not give any approval for filling up the said promotional post. The Municipality has presently set aside the selection process for promotion to the post of clerk.

The petitioner is an intending candidate for the promotional post of clerk. He filed the present writ petition inter alia for a prayer to set aside and/or quash

and/or cancel the process of selection initiated by the Municipality on June 25, 2019.

It appears from the instruction given by the Municipality that the Municipality has already taken a decision to cancel the selection process.

In view of the above, the relief sought for by the petitioner has already been allowed by the Municipality. No further order is required to be passed in the instant writ petition.

It will, however, be open for the Municipality to take steps in accordance with the law for filling up the vacant post of clerk of the Municipality as per the approval granted by the Director of Local Bodies on May 29, 2018.

The writ petition and the connected application stands disposed of.

The instruction given by the Chairman, Santipur Municipality dated December 1, 2022 is retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)