AMAR GUHA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An unprecedented situation has arisen in the facts of the instant case. The writ petitioner joined the services of the City Civil Court at Calcutta as a guard (Group D) on 19/5/2009.

(2.) There is confusion on the part of the respondents as to the applicable rules with regard to the petitioner's service. In an earlier round of proceedings the City Civil Court had contended that Bengal Civil Courts Clerical and Inferior Services (Recruitment, Discipline and Appeal) Rules, 1941 are applicable.

(3.) In the instant writ petition learned Counsel of the Judgeship submits that the West Bengal Services (Classification, Control and Appeal) Rules, 1971 are applicable. It is also argued that the West Bengal Services (Appointment, Probation and Confirmation) Rules, 1979 should be applicable. There is also a reference in the exception to the respondent's report by the petitioner that West Bengal District Court (Constitution of Services, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015 with effect from 6/7/2021 are applicable.