LAWS(CAL)-2020-6-59

NEPAL SHOW Vs. STATE OF WEST BENGAL

Decided On June 25, 2020
Nepal Show Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The matter was taken up on 23rd June, 2020. Since the Court was not satisfied with the submission of Mr. Bandopadhyay, therefore, Mr. Bandopadhyay was directed to produce the records pertaining to the petitioner's claim. Today some documents were produced by Mr. Bandopadhyay those are kept on record. Mr. Halder also today files an affidavit against the document used by Mr. Bandopadhyay. Copies of which were supplied to Mr. Halder through online.

(2.) Petitioner filed the present writ petition assailing the impugned judgment and order dated 29th April,2020 passed in O.A. No. 209 of 2020 thereby refusing the petitioner's prayer for awarding incentive marks for serving in remote and difficult area as per notification dated 26th February, 2020 on the ground, inter alia that the petitioner does not draw remuneration for serving in rural area.

(3.) Mr. Halder , learned advocate appearing for the petitioner submits that the petitioner has been working as Neuro Medicine RMO, Neuro Medicine Department at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College since 21st August , 2015 vide notification dated 18th August, 2015. Since the petitioner qualify the NEET P.G. 2020 for MD post, therefore, pursuant to the advertisement dated 18th March, 2020 petitioner applied for appearing in the said counselling thereby submitting the application which was verified and signed by the Principal of the Burdwan Medical College on 23rd March, 2020. It is further vehemently argued by Mr. Halder that the petitioner is entitled to get the incentive marks for serving in rural/difficult/remote area as per the notification dated 26th February, 2020. Unfortunately, from the website petitioner came to know that incentive marks was not awarded in favour of the petitioner. Immediately thereafter petitioner made representation before the authority for awarding incentive marks for serving in remote and difficult area at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104, Neuro Medicine Department under the control of Burdwan Medical College . Since the authority was sitting tight over the petitioner's representation, therefore, without finding any alternative petitioner was compelled to file application being O.A. No. 209 of 2020 before the West Bengal Administrative Tribunal. That application was summarily dismissed by the impugned order dated 29th April, 2020 by the learned Tribunal. Mr. Halder draws the Court's attention at paragraph 2 of the affidavit filed in Court on 25th June, 2020.