BUDDHADEB GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be taken on record.

(2.) After considering the submissions made by the learned Advocates for the parties and upon perusing the instant application, it appears that the petitioner was granted provisional appointment to the post of a Bengali Typist under South 24-Parganas Zilla Parishad. However, it is the specific contention of the petitioner that although he was issued an appointment/ engagement letter, he was not allowed to join. Learned Advocate for the petitioner has referred to some of the annexures to the writ petition to point out that a criminal case had been initiated against his client under Magrahat Police Station, being Case No. 215 dated 26th July, 2012. According to him, a final report in connection with the said case of the Investigating Officer has already been submitted before the learned Additional Chief Judicial Magistrate, Diamond Harbour wherefrom it would clearly appear that the petitioner was nowhere involved in the case, although he was named as the accused No. 1. It is further submitted by the learned Advocate that since there is no allegation subsisting against the writ petitioner, there is no embargo and/or fetter on the part of the Zilla Parishad authorities to allow his client to join service.

(3.) It is evident from the records, which have been annexed to the writ petition, that the writ petitioner was given appointment to a temporary post of a Bengali Typist by South 24-Parganas Zilla Parishad. Such temporary engagements by the State or an authority of the State confer only certain limited rights upon a person so engaged and that person cannot, under any circumstances, approach a writ Court, seeking a mandatory order, directing the concerned respondent authority to give effect to the appointment/ engagement letter issued in his favour by allowing him to join service. The only duty of the writ Court, in such circumstances, is to ensure that the decision-making process adopted by the concerned authority to withhold a temporarily engaged person to join service, is based on the well settled principles of fair-play and reasonableness.