STATE OF WEST BENGAL Vs. SAMAR KUMAR SARKAR

JUDGEMENT

(1.) Leave granted.

(2.) The petition raises an important question as to the power of the High Court under Article 227 of the Constitution of India to transfer an application filed under Section 19 of the Administrative Tribunals Act pending before the Administrative Tribunal to the High Court for its consideration and decision.

(3.) The facts in nutshell are, the respondent before the West Bengal Administrative Tribunal is the petitioner in this petition. The respondent in the present petition filed O.A. No. 912 of 2003 under Section 19 of the Administrative Tribunals Act, 1985, before the West Bengal State Administrative Tribunal, inter alia requesting the Tribunal to direct respondents therein to appoint the applicant to the post of Group D in the office of District Land and Land Reforms Officer, Howrah, on the ground that he had served as Tahsil Mohurrir under the Block Land and Land Reforms Officer, Shyampur. After service of notice on the respondents, several adjournments were granted by the Tribunal to the parties to complete the pleadings. The application thereafter was posted before the Tribunal on 1.2.2005. The Tribunal had granted permission to the respondents therein to file its reply, if any, within three weeks. Aggrieved by the order so passed, the applicant had moved a petition before the High Court at Calcutta under Articles 226 and 227 of the Constitution, assailing the correctness or otherwise of the order dated 1.2.2005 and also praying for the very same reliefs that was sought in the application. The Court by its order dated 7.3.2005 had rejected the writ petition on the ground that the petition filed is premature.