NABA KUMAR MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition the order of the concerned District Panchayat and Rural Development Otlic,r dated 27th Feb., 2002 is impugned. In such order the authority concerned accepted the cause of the petitioner about rendering service for more than two hundred forty days against the vacancy etc. It was also held therein that since he was actually working as a group 'D' employee, whether the nomenclature of the post was night-guard or not is immaterial. Ho,.Never, the petitioner become aggrieved by the last part of the order impugned wherein it was held that the candidature of the candidate will be considered along with other candidates sponsored by the Employment Exchange, when such recruitment will be taken up. Even age bar was directed to be condoned in such part of the order impugned.

(2.) The learned counsel appearing for the petitioner contended that by virtue of a decision reported in (1996) 4 S.C.C. 6 : [1996(2) SLR 850 (SC)] (Union of India and Others Vs. Dharma Pal & Others ) the candidate whose past service is under consideration for regularisation cannot be called upon from the Employment Exchange.

(3.) According to him, such submission of the petitioner is not fit in this case. The Supreme Court deprecated the stand of calling the names of the candidates from Employment Exchange who are already rendering their services and awaiting for regularisation. But in the present case, the candidate whose past service is under consideration, is directed to be consider the candidature along with the candidates whose names will be sponsored by the Employment Exchange.