KSHITI GOSWAMI Vs. SUBRATA KUNDU

JUDGEMENT

(1.) This petition filed by the then Minister, Public Works Department, Government of West Bengal and three officers, i.e., the Chief Secretary of the State, the Principal Secretary and the Chief Engineer, Public Works Department questioning the direction given by the Division Bench of the High Court for implementation of order dated 12.09.1997 passed in W.P.S.T. No. 169 of 1997 is a piece of frivolous litigation which ought to have been dismissed at the threshold. However, as the Court had entertained the special leave petition, we proceed to decide the same on merits. Santanu Mitra and Ors. who had applied for the post IVth Grade Clerks, in Public Works (Roads) Department, West Bengal and whose names were recommended by the Selection Committee filed OA No. 183/1996 before the West Bengal Administrative Tribunal (for short, 'the Tribunal') with the complaint that instead of appointing them as per their placement in the merit list, the Department made appointments by adopting the pick and choose method. They also alleged that the merit list had been violated on account of undue interference by the Minister-in-charge, Public Works (Roads).

(2.) By an order dated 29.4.1997, the Tribunal allowed the application and directed the concerned authorities to make appointments strictly as per the merit list.

(3.) The State Government and its functionaries challenged the order of the Tribunal in WPST No. 169/1997. The same was dismissed by the Division Bench of the High Court vide order dated 12.9.1997, the relevant portions of which are extracted below: