Sukumar Barman v. State Of West Bengal And ORS

High Court at Calcutta In The Circuit Bench At Jalpaiguri Appellate Side WPA 2125 OF 2022 31.10.2022 Sl no. 25 Sri Sukumar Barman.

Ct no. 2 - Vs - P.M.

The State of West Bengal & Ors.

Mr. Sandip Mandal, Mr. Abhilash Mittal ... for the petitioner Mr. Bikramaditya Ghosh, Ms. Bedashruti Bose .... For the State Heard learned advocates appearing for the parties.

Petitioner has filed this writ petition being aggrieved by the action of the respondents in not allowing the petitioner to continue with his job being done by him on the basis of appointment letter dated 4th February, 2021 being annexure P/4 to the writ petition.

On perusal of the aforesaid appointment letter dated 4th February, 2021 I find that the nature of job or the nature of service of the petitioner was time bound and on purely temporary basis at a monthly remuneration.

Considering the aforesaid letter of appointment and the terms and conditions mentioned there I am of the view that the petitioner has got no legal right

to continue with the service against the respondent employer since the nature of job is purely temporary in nature. Petitioner alleges that the respondents are not allowing the petitioner to continue with the service and also the respondent employer is threatening the petitioner to withdraw the legal notice served upon them by the petitioner through his advocate and it is alleged by the petitioner that in case petitioner does not withdraw the aforesaid advocate's letter the respondent employee will implicate him in false cases.

Considering the submission of the parties and facts and circumstances as appears from record, I am of the view that the petitioner has miserably failed to make out any case for any relief and for entertaining this writ petition and accordingly this writ petition being WPA 2125 of 2022 is dismissed. However, dismissal of this writ petition will not be a bar for the petitioner to seek appropriate remedy before the appropriate forum in accordance with law against the nature of grievance raised in this writ petition.

(Md. Nizamuddin, J.)