PRABHAT KUMAR BHATTACHARYA Vs. SUSMITA BHOWMIK

JUDGEMENT

(1.) THIS mandamus appeal is directed against the judgment and/or order passed by Learned Single Judge of this Court on 24th December, 2012 in W.P. No.5137 (W) of 1996, at the instance of the appellants who were some of the respondents in the writ petition. By the impugned order the Learned Single Judge held that the entire recruitment process has been conducted in clear contravention of the order passed in the case of Chittaranjan Bhunia ­Vs - State of West Bengal and Ors. (C.O. No.15165 (w) of 1996) and thereby ineligible persons have been included in the panel. The Learned Single Judge was of the view that the irregularities in preparation of panel were of such magnitude that justice cannot be rendered to the deserving parties merely by recasting of the panel. His Lordship further held that it is a fit case where the entire recruitment process should be undertaken de novo. Accordingly, the entire recruitment process including the panel prepared there upon was set aside. The authorities were directed to initiate fresh proceeding for recruitment in the light of the observation made in Chittaranjan Bhunia's judgment, with the candidates who were considered earlier in the said recruitment process. It was further directed that if some of the appointed candidates are found ineligible to be included in the panel, the authority would forthwith terminate their appointments and shall give appointments to the eligible candidates forthwith, and while doing so, the authorities were directed to grant the notional benefit to the eligible candidates who will be included in the panel in place of those ineligible candidates and such notional benefits shall be given from the date of appointment of the non -deserving candidates. The entire process was directed to be completed within 10 weeks from the date of communication of the said order and until fresh panel is prepared, the persons who were in service were permitted to continue and admissible benefits were directed to be paid to them.

(2.) THE legality and/or propriety of the said order of the Learned Single Judge is under challenge in this mandamus appeal.

(3.) NO doubt, the case in hand has a long checkered history but we do not feel it necessary to give the vivid descriptions of the past litigations herein as the earlier litigations reached their finality resolving the dispute raised therein. Only those relevant facts and the earlier orders of various proceedings of this Hon'ble Court as well as of the Hon'ble Apex Court which are relevant for the present purpose will be mentioned hereunder.