TUSHAR KANTI MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS rule was obtained on February 6, 1975 against the refusal of the Officers of the Respondent No. 1 in forwarding the applications for appointment of the petitioners in respect of posts under the Respondent No. 4 viz. , Calcutta Metropolitan Development Authority.

(2.) THE petitioners at all material times were and still they are employed under the Calcutta Metropolitan Planning Organisation, a department of the state of West Bengal and their employment as admitted by them are purely temporary in nature. On or about September 1, 1974 the Calcutta metropolitan Development Authority, published an advertisement in the daily issues of the Statesman, inviting applications for filling up the posts under their Directorate and pursuant to that the petitioner Nos. 1 and 2 applied for the posts of Associate Transportation planner and petitioner No. 3 applied for the post of Demographer-Statistician. The petitioners have contended that the grades of the respective posts for which they had applied are higher than the grades in which they are holding the posts under the Calcutta metropolitan Planning Organisation. They have contended that their applications were intended to be sent through proper channel and they made a request to their employers to forward them to the Calcutta Metropolitan Development Authority. In addition to that the petitioners have stated that they had sent advance copies of their applications to the said authority. The petitioners have further alleged that pursuant to their applications, the said calcutta Metropolitan Development authority called them for interviews on october 17, 1974 and they did appear before the appropriate selection committee with prior intimation to their employers. They have also alleged that they were given to understand that their applications for appointment under the calcutta Metropolitan Development authority would be forwarded by their employers. It has been stated by the petitioners that after a long time one of them viz. , petitioner No. 2 received a Memo bearing No. 6059/i. I. C. P. /i E-95/74 dated November 8, 1974 and petitioner No. 1 in his turn also received a similar Memo bearing No. 6073/t and c. P 1 E-95/74 of the same date issued by the Assistant Secretary to the State of West Bengal. A similar Memo it has been stated was also received by the petitioner No. 3 and by the said memos they were informed by the assistant Secretary concerned, his inability to forward their applications for appointments in the respective posts under the Calcutta Metropolitan Development Authority and returned the applications to them without assigning any further reason. The contents of the Memos as mentioned hereinbefore which as stated by the petitioners are on the same line reads thus: with reference to his application dated 11th September, 1974 the undersigned is directed to state that this Department regrets its Inability to forward his application for the post of Associate Transportation Planner under the Calcutta metropolitan Development Authority. The relevant application is therefore returned herewith. "

(3.) THE petitioners have further alleged that they have learnt on or about october 29, 1974 from a reliable source of the Office of the Calcutta Metropolitan Development Authority that their cases have been recommended for the respective posts in terms of their applications, by the Selection committee. It may be mentioned here that the particulars of such authorities, who have given or passed on the information as aforesaid, have not been disclosed and in fact the same has been kept conspicuously vague in the petition. Such statement cannot also been verified from the affidavits filed in this proceeding.