GOBINDA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been preferred inter alia praying for issuance of necessary direction upon the respondents to accord approval to the appointment of the petitioner to the post of a cycle peon with effect from 1st April, 1995 in Ramkrishna Ashram Library-cum-Museum (in short, the said library).

(2.) Mr. Dalapati, learned advocate appearing for the petitioner submits that the authorities of the said library published an advertisement on 1st February, 1995 inviting applications from eligible candidates for appointment to the post of a cycle peon. The petitioner applied and participated in the aptitude test and in the interview conducted by a selection committee and emerged to be successful. Such resolution of the selection committee was approved by the managing committee of the said library and an appointment letter was issued to the petitioner on 25th March, 1995. The petitioner duly joined the said post and thereafter the Secretary of the said library forwarded the necessary documents to the respondent no.3 seeking approval but such prayer was illegally rejected.

(3.) Drawing the attention of this Court to the documents annexed at pages 21 to 26 of the writ petition, Mr. Dalapati submits that the said library was recognized as government aided public library on and from the year 1961. For running the said library, one Sri Amulyadhan Mondal was initially appointed to the post of a librarian. He, however, resigned on 15th September, 1970 and in his place and stead one Rabindranath Das was appointed. One Sri Ranjit Kayal was also appointed to the post of a cycle peon. After the post of cycle peon fell vacant, the petitioner was appointed by a letter of appointment dated 25th March, 1995. After the said librarian retired on 31st October, 2003, he was issued a pension payment order on 12th May, 2004. Sri Ranjit Kayal also obtained pension, as would be explicit from the document as annexed at page 34 of the writ petition. From such facts it would be evident that the said library had functioned as a government aided library.