COLLECTOR OF NADIA Vs. SUBIR KUMAR GHOSH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated September 6, 1993, passed by the learned trial Judge in Matter No. 2260 of 1986. In the said judgment, the learned judge passed the following order.

(2.) "in view of the above it is ordered that the concerned respondents will give fresh appointment to the petitioner as schedule 'b' Stenographer in the nadia Collectorate from the date the post of the stenographer for the 3rd addl. D. M. was sanctioned i. e. on and from March 29, 1986 and such appointment is to be made within four weeks from the date of communication of this order. "

(3.) THE respondent-writ petitioner's case in short is that on October 1, 1992, he was appointed as stenographer in the Nadia District Rural development Agency (NDRDA) which is an agency and an instrumentality of the State Government, against a permanent vacancy by the District magistrate Nadia, who was Vice President of NDRDA. Since his appointment the respondent writ petitioner has been serving in the office of the District Magistrate in its confidential section as per verbal order of the district Magistrate. By an order passed in 1983 the respondent writ petitioner was attached to the Additional District Magistrate (Development), nadia until further orders. The Board of Revenue, West Bengal, by an order dated 21st/29th of March 1986 accorded sanction to the creation of a post of schedule B stenographer for the 3rd Additional District Magistrate, nadia and the District Magistrate, Nadia by his order dated 11th November 1986 absorved the respondent petitioner as schedule B stenographer against the post created under the said order of the Board of Revenue. The district Magistrate, Nadia further ordered that his pay on such absorption was to be fixed with retrospective effect from the date of his joining as stenographer and further that his past service rendered in NDRDA was to be counted towards all available service benefits in accordance with the rules. The respondent writ petitioner duly joined the said post in the forenoon of November 14, 1986. Thereafter on December 8, 1986 the respondent-writ petitioner received am order dated November 1, 1986 passed by the Collector, Nadia to the effect that the earlier order for absorption as a stenographer in the Nadia Collectorate was kept in abeyance with immediate effect and until further orders. This was stated to have been passed in persuance of Secretary, Board of Revenue's Radiogram message dated December 2, 1986. It is the case of the writ petitioner that he had been working as stenographer in the Nadia Collectorate to the entire satisfaction of the authority and that the impugned order dated december 8, 1986 is wholly illegal, arbitrary, void and opposed to fundamental principles of natural justice.