DPSC, BARDHAMAN Vs. ABHISHEK MADDUNAY

JUDGEMENT

(1.) Both the appeals are filed by the Respondent no. 8 to 10 of the writ petition assailing the common judgment by which they were saddled with the compensation of Rs.5.00 lakhs each to be paid to the petitioners within the stipulated period.

(2.) The appeals are restricted to the compensation awarded against them for their negligence, lapses and/or attributes which causes mental stress and agony to the writ petitioners who were deprived of the appointment to the respective posts for a considerable period of 7 years despite having successfully completing the recruitment examination.

(3.) Sworn of unnecessary details, the facts are more or less undisputed and we feel it to adumbrate the same in a concise way. The selection process for the post of a Lower Division Clerk was initiated by the erstwhile Burdwan District Primary School Council wherein one post was reserved for General (EC) and one was reserved for Ex-serviceman. The writ petitioners/respondent participated in the selection procedure and emerged successful in the written examination. Subsequently, they were called for the interview on June 12, 2015 but thereafter, no communication was made with them whether they have been selected for an appointment or not. Feeling uncertainty on the fate of the said recruitment process, the information was sought under the Right to Information Act, 2005 followed by several reminders and/or application which could only be responded on March 29, 2023. It was communicated to the writ petitioners that the panel prepared by the authority is indicative of the fact that the petitioners were empanelled in the respective categories of posts and such panel was approved by the competent authority. There is no record available in the department on the issuance of the appointment letters to those writ petitioners/respondents. The approach was made to this Court by filing the writ petition being WPA 12343 of 2023 for a Writ of Mandamus upon the authorities to issue the letter of appointment together with the other consequential reliefs relating to the counting of the service and all benefits attached to the said posts.