CHAIRMAN, AD Vs. RABINDRA NATH GHOSH & ORS.

JUDGEMENT

(1.) This is an appeal directed against the order passed by the learned Single Judge dated 11th Jan., 2000 whereby the learned Single Judge has allowed the writ petition and directed the Employment Exchange to make a separate panel of ex-census employees under exempted category for the purpose of interview and relax the age in the light of the judgment in Ratan Kumar Saha & Ors. Vs. State of West Bengal & Ors. reported in 1997 (1) CLJ 501.

(2.) Aggrieved against this order, the present appeal has been filed by the state-respondents. The brief facts which are necessary for disposal of the present appeal are that the petitioners filed the above writ petition before this Court who are ex-census employees and claimed benefit of exempted category. The grievance of the writ petitioners were that they are being deprived from being appointed in the primary school though persons similarly placed had already obtained appointment. It was contended by Hie learned Counsel before the learned Single Judge that the names of the ex-census employees are under exempted category and their names should be forwarded by the Employment Exchange and their age bar should not come in their way and the same should be relaxed as ex-census employee. The State Government by its notification issued a circular dated 30th Nov., 1993 directing that 30% of the post of primary school teacher should be filled up from the exempted category, i.e., ex-census personnel, ex-job workers (Election) personnel, members of martyrs families, members of the employees died-in-harness, etc. Therefore, the petitioners claimed this benefit and approached this Court for redressal of their grievance and the learned Single Judge allowed the writ petition by referring to an earlier Division Bench Judgment of this High Court and directed that the incumbent should make their application before the concerned Employment Exchange and the Employment Exchange shall forward their names under the exempted category of ex-census employee for interview and as far as second question with regard to age is concerned, the same is covered, by the Division Bench Judgment of this High Court in Ratun Kumar Saha & Ors. Vs. State of West Bengal & Ors. reported in 1997 (1) CLJ 501, whereby the Division Bench has directed the Chairman of the Council to consider the case of such persons sympathetically considering the position that there is no fault of the petitioners in this respect. Aggrieved against this order, the present appeal has been preferred. A similar question came up before the Division Bench in an identical situation where the trial Judge had passed a similar order as that of the present one, therein the Division Bench of this Court after considering the matter set aside the same in M. A. T. No. 392 of 2000 by its order dated 18th July, 2000 by referring to the earlier judgment of the Division Bench in the case of Biman Chandra Karmakar Vs. State of West Bengal reported in 1999 (2) CHN 289. It was held that so long the statutory rules are in force for recruitment to the post no other executive instruction can be given contrary to that. It was observed in Biman Chandra Karmakar's case (ibid):-