STATE OF WEST BENGAL Vs. PAPIYA GHOSAL

JUDGEMENT

(1.) Both the appeals, preferred at the behest of the State of West Bengal and its functionaries, arise from a common order dated September 19, 2023, delivered by the learned single Bench in two writ petitions being WPA 6322 of 2024 (Kabita Samanta vs. State of West Bengal & Ors.) and WPA 22212 of 2022 (Papiya Ghoshal (Maity) vs. State of West Bengal and Ors.), which were heard analogously. For having thematic coherence, both appeals were heard together.

(2.) Prior to venturing to delve into the contentious issue involved in the appeal, it is prudent to outline the key facts that led to these appeals, which are as follows:

(3.) Mr. Bandyopadhyay, learned advocate appearing in support of the appeals argued that the learned single Bench had erroneously observed that the State had made an artificial distinction between vacancies that occurred prior to 30/9/2015 and those that arose thereafter. He contended that vacancies occurred up to 30/9/2015 must be filled in accordance with the recruitment rules prevailing at that time. Similarly, vacancies that arose after 30/9/2015 should be filled according to the Recruitment Rules of 2019, which were framed in accordance with the instructions contained in the memorandum dtd. 15/9/2015 issued by the Ministry of Women & Child Development, Government of India.