SHYAMAL MIDDYA 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 librarian with effect from 1st November, 2003 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 October, 2003 inviting applications from eligible candidates for appointment to the post of a librarian. 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 31st October, 2003 and he duly joined the said post on 1st November, 2003 but till date no steps have been taken by the respondent no.3 to accord approval to the petitioner's appointment.

(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 a 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 and one Sri Ranjit Kayal was appointed to the post of a cycle peon. After the said librarian retired on 31st October, 2003, he was issued a pension payment order on 12th May, 2004. From such facts it would be evident that the said library had functioned as a government aided library.