Pousali Metla v. The State Of West Bengal And ORS

OD-6 ORDER SHEET WPO 423 OF 2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE POUSALI METLA

Versus

THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 25TH MARCH, 2021.

Appearance :

Mr. B.P. Vaisya, Adv.

Mr. Joydip Banerjee, Adv.

...for the State of West Bengal Mr. Supriaya Dubey, Adv.

...for SSC Mr. Paritosh Sinha, Adv.

...for the STAte The Court: This is an application under Article 226 of the Constitution of India when the writ petitioner is aggrieved by in action on the part of the respondent authorities in granting approval of an appointment as a Librarian to the petitioner. It is to be noted that on an earlier occasion, by an order dated July 28, 2008 the erstwhile Librarian was granted appointment by the District Inspector of Schools concerned indicating that the post is a sanctioned post.

Subsequently, counsel on behalf of the State submits that this post was not a sanctioned post. There is obviously some confusion in this matter.

Accordingly, I direct the Commissioner of School Education Department to decide the representation of the petitioner dated December 31, 2019 after granting an opportunity of hearing to the petitioner within a period of eight weeks from date. He shall pass a reasoned order which is to be communicated to the petitioner within a week of passing of the same. WPO No. 423 of 2020 is disposed of with the above direction. Since, no affidavit has been called for in this writ petition, all the allegations are deemed not to have been admitted by the respondents. (SHEKHAR B. SARAF, J.) Sbghosh