Shyam Sundar Kundu v. State Of West Bengal & ORS

28.01.2021.

d.p.

W.P.A 22753 of 2019 (Via Video Conference) Shyam Sundar Kundu -versus The State of West Bengal & Ors.

Mr. Subhadip Biswas.

...For the Petitioner.

Mr. Vivek Jyoti Basu, Ms. Karabi Roy.

...For the State.

The petitioner is aggrieved by the action of the Municipal Engineering Directorate in empaneling his name as Structural Engineer Class-II instead and in place of Structural Engineer Class-I.

According to the petitioner, he is already empanelled as Structural Engineer Class-I with the Kolkata Municipal Corporation. He submits that as per the notification of the Department of Municipal Affairs dated 26th February, 2016, he possesses the requisite qualification for being empanelled as Structural Engineer Class-I.

The petitioner ventilated his grievance before the Chief Engineer, Municipal Engineering Directorate by a representation made by his learned advocate on 7th May, 2019.

The petitioner complains that the said representation has not been considered by the respondent authority till date.

As it appears that the petitioner has already ventilated his grievance before the concerned authority by filing representation, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.2 being the Chief Engineer, Municipal Engineering Directorate to consider the representation that was made on his behalf through his learned advocate by a letter dated 7th May, 2019, strictly in accordance with the relevant rules/regulations/notifications/circulars, after giving an opportunity of hearing to the petitioner, within a period of six weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

W.P.A. 22753 of 2019 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)