AHASANUL HOQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner/appellant approached the learned Single Judge with a prayer for setting aside an order dated May 3, 2012, whereby the respondent no.4 had cancelled the promotion of the petitioner as Head Assistant of Bardhaman Zilla Parishad. Challenge was also thrown to the validity of an administrative instruction being memo no. 5418/PN/O/III/2A-38/03 dated November 20, 2006 issued by the Deputy Secretary to the Government of West Bengal relying upon which the order dated May 3, 2012 was issued.

(2.) The learned Single Judge dismissed the writ petition on the ground that the appellant was an employee of the State Government and as such the appellant should have approached the competent forum instead of "invoking its Constitutional writ jurisdiction" of this Court. The writ petition was disposed of granting liberty to the appellant to approach the competent forum for redressal of his grievance.

(3.) Before us the parties were ad idem that appellant was not an employee of the State Government since he was employed under a Zilla Parishad and he could not have approached the State Administrative Tribunal for redressal of his grievance. Accordingly, this Court has heard out the appeal on merit.