RAJESH PASWAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE subject matter of challenge is the order impugned passed by Director of Public Instructions, West Bengal, dated 14th March, 2014 wherein the concerned D.P.I., although approved the appointment of Typist -1, Typist -2, Lady Attendant -1 & Sweeper -1 (Part Time), refused to give approval of six appointments of six Laboratory Attendants including the petitioner in different subjects.

(2.) MR . Gupta, learned Counsel appearing on behalf of petitioner submits that by a memo dated 9th February, 2009 the appropriate authority sanctioned six posts of Laboratory Attendants viz. Laboratory Attendant in the department of Physics, Chemistry, Botany, Zoology, Computer and Geography. On that basis college authorities invited application by way of advertisement. Employment Exchange was also informed for sending names for such selection but Employment Exchange did not send names. Writ petitioner applied for the post of Laboratory Attendant in (Physics) and he passed through written test and thereafter in interview and was empanelled by the selection committee. Panel was prepared following due process and as such there is no illegality. The governing body of the college by its resolution dated 25th January, 2011 approved the panel. Resolution taken by Government Body reads as follows: - -

(3.) MR . Gupta summits petitioner's name was in the panel and in view of the resolution dated 25th January, 2011 petitioner was issued appointment letter on 27th January, 2011 by the Principal of Barasat College. Petitioner joined the post on 1st February, 2011 and he is continuing his service. Unfortunately the concerned authorities have not yet approved his appointment and no pay fixation was also made. Petitioner being aggrieved with the impugned inaction moved before this Hon'ble Court filing a writ petition W.P. No. 27240 (W) of 2013 and that writ petition was disposed of on 7th November, 2013 and the following order was passed: - -