Arusakha Sinha Roy v. State Of West Bengal And ORS

akb 23.4.19 CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Writ Jurisdiction W.P.A. 100 of 2019 Arusakha Sinha Roy -VersusThe State of West Bengal & Ors.

Mr. Jagriti Mishra ...For the Petitioner Mr. Joyjit Dutta Mr. Momenur Rahaman Mr. Bikramaditya Ghsoh ...For State Respondents Affidavit-of-service filed in Court today be kept on the record.

In this writ petition the petitioner has complained that although the respondent No. 4 to 6 initiated a proceeding for recruitment in the post of Executive Assistant of gram Panchayat and other posts out of which the petitioner qualified for the post of Executive Assistant of Gram Panchayat, the result of which has been annexed at page 54 (annexure 'p-5') to the writ petition, no provisional appointment has yet been issued by the concerned Authority. From the pleadings in paragraph 5 of the writ petition it appears that the final selection was made sometime in December 2017, which is apparent from annexure 'p-5'. It is the grievance of the petitioner that although under the same selection process the other category of vacancies have already been filled up pursuant to an order passed by this Court at the instance of one Sajal Kumar Sarkar and others, who filed a writ petition, being W.P. 5885 (W) of 2018, which was disposed of by an order dated January 24, 2019 but the petitioner has been left with uncertainty.

Learned Advocate appearing for the State submits that this fact may be true that at the end of the

selection process the petitioner has been selected being successful but since the petitioner has not demanded any justice it is difficult to get any instruction from the Authority as to why his appointment is being delayed, although the other participants under the same selection process have already been appointed.

Since, there is no dispute that the selection process was held in pursuance of Court's order and the other persons under the same selection process have already been appointed in pursuance of the order dated January 24, 2019, it is regrettable that the petitioner has not yet received any communication from the concerned Authority with regard to the fate of his selection.

In such circumstance, I dispose of the writ petition by directing the respondent No. 6 who happens to be also the Chairperson of the District Level Selection Committee, Cooch Behar, to take a decision in the matter of appointment of the petitioner for which he was successfully selected in the post of Executive Assistant, Exempted category as shown in annexure 'p-4' at page 48 of the writ petition. Such decision is to be taken by the respondent No. 6 within a period of six weeks from the date of communication of this order. If it is found that the panel has not yet lapsed the said respondent must issue provisional appointment in favour of the petitioner without delay. The writ petition is, thus, disposed of.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis. ( Sahidullah Munshi, J.)