JHARNA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGING the order dated 07.02.2001 issued vide Memo No. 150/1(4)/PE of the even date in this writ petition, the petitioner contends that the authorities ought to have regularized the appointment of the petitioner to the substantive permanent post by treating it as irregular appointment.

(2.) IN fact, the petitioner is trying to take shelter under the observation made by the Apex Court in case of State of Karnataka vs. Uma Devi (3) reported in (2006) 4 SCC 1 wherein the regularization is held permissible in case of an appointment of an employee against a sanctioned post without undergoing the process of open competitive selection as one time measure.

(3.) THE aforesaid contention is refuted by the learned Advocate appearing for the said Council in contending that the appointment of the petitioner was made to an non-existence post and therefore, the appointment of the petitioner cannot be regularized. According to him, the appointment is made to the post of a Clerk-cum-Teacher which is non- existence in terms of the statutory rules and therefore, the authority have rightly rejected the claim of the petitioner.