JAYANTA KR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner had been working in the post of Peon. The post of Peon having fell vacant a decision was taken for filling up the said post according to the Recruitment Rules. Accordingly, requisition was made from the Employment Exchange on 29th June, 1999. The petitioner also wanted to participate in the selection but he was not allowed to do so. The petitioner had moved this writ petition whereupon by an interim order dated 6th October, 1999 the petitioner was permitted to participate in the selection process subject to the result of this writ petition. The Bank had taken a stand that in the meantime the situation had changed on account of death of the Manager of the Bank on 24th July, 1999. It is alleged that during pendency of this writ petition the son of the deceased-Manager had applied for appointment under the dying in harness rules. In the order dated 17th December, 1999 it was mentioned that this question require, examination as to whether in view of the pendency of the application for appointment under the dying in harness rules any appointment could be made. However, it was made clear that the selected candidate may be given appointment subject to the result of this writ petition. Admittedly, the selection process was completed.

(2.) It is contended on behalf of the Bank that the petitioner has topped the list of selected candidates. In such circumstance, the petitioner contends that he may be given appointment.

(3.) After hearing the learned Counsels for the parties it appears that there are two questions which are to be gone into. The first question is as to whether this vacancy can be filled up under the dying in harness rules which arose after the selection process has started. The second question is whether the petitioner could get the appointment without being sponsored from the Employment Exchange only on the ground that he had been working for some time in the Bank.