STATE OF WEST BENGAL Vs. LIPI BANERJEE

JUDGEMENT

(1.) These appeals are directed against the order dtd. 16/8/2017 passed in WP No. 11925 (W) of 2004. The said writ petition was filed by the first respondent herein Mrs. Lipi Banerjee. The appellants in MAT No. 1803 of 2017 are the State of West Bengal through Secretary, Department of Higher Education and the Director of Public Instructions, Education Department, Government of West Bengal. They were arrayed as respondents 1 and 2 in the writ petition. MAT No. 1756 of 2017 has been filed by the Management of New Alipore College, in which the writ petitioner is working. Since the appeals are directed against the same order passed in the writ petition, they were heard together and they are disposed of by this common judgment.

(2.) The writ petition was filed for issuance of a writ of mandamus to direct the appellants particularly the college authorities to approve the appointment of the writ petitioner with effect from the date of her joining i.e. 29/4/1997, considering the facts that she was appointed in a clear vacant post created under Go No. 1028-EDN(CS) dtd. 10/12/1996 in a vacancy which arose on account of the promotion of one Timir Guha. The learned Single Bench by the impugned order has allowed the writ petition and also imposed cost of Rs.50,000.00 payable by the management of the New Alipore College who shall be herein after referred to as the management.

(3.) We have heard Mr. Samrat Sen, learned senior advocate assisted by Mr. Subhabrata Das, for the appellants in MAT No. 1803 of 2017, Mr. Kishore Dutta learned senior advocate assisted by Mr. Santanu Kumar Mitra, and Mr. Amartya Pal for the appellants in MAT No. 1756 of 2017, Mr. Subir Sanyal, assisted by Mr. Joydeep Acharya and Mr. Chandrachur Chatterjee for the respondent/writ petitioner, Mr. Jaharlal De and Mr. Shamim ul Bari for the State in MAT No. 1756 of 2017, Mr. Amitava Chaudhuri and Mr. N. Ray appearing for the Director of Public Instructions.