MRITYUNJOY SARKAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This application has been made by 37 persons whose grievances are that, their services were terminated and/or discharged illegally. The case of the petitioners is that they were registered card holders of Katwa Employment Exchange. The Employment Officer, Katwa forwarded the names of 62 persons including 36 petitioners excepting the petitioner No. 10 to the Commandant, State Armed Police, First Battalion, Barrackpore in pursuance of the requisition made for recruitment of Constables in the State Armed Police. The said names were forwarded by the Employment Officer, Katwa under cover of letter No. 10D/18/85/822, dtd. 26/4/1985. Another list containing the names of 7 persons belonging to the Scheduled Tribes was also forwarded by the Employment Officer, Katwa under cover of his letter No. IOD/19/85, dtd. 25/4/1985 in pursuance of the requisition made by the Commandant, State Armed Police, First Battalion. In the said list the name of the petitioner No. 10 was included. The petitioners were directed to appear before the Selection Board, Commandant Office. 1st Battalion on 7/5/1985 and 10/5/1985 for physical measurement and selection respectively. The petitioners appeared before the Selection Board. Mr. S. Laskar. I.P.S., Commandant Officer, State Armed Police was the Chairman of the Selection Board. 25 cases were referred to the Director General of Police, West Bengal for relaxation of requirement of measurement etc. and the Director General of Police, West Bengal relaxed the requirements. Thereafter the cases were referred to the appropriate authority for police verification and medical test.

(2.) On diverse dates between 26th August. 1985 and 16/9/1985 appointment letters were issued to the petitioners. The said letters of appointment were issued after completion of the police verification, medical test and other formalities. The petitioners thereafter reported to the State Armed Police for joining their duties but they were not allowed to join on 16/9/1985 as the formal order of Director General of Police was not received till then. Subsequently the direction was issued to the petitioners for joining their duties and the petitioners joined on 20/9/1985. Out of the aforesaid 37 candidates 12 persons were deputed to the Police Training College, West Bengal and the remaining 25 persons were sent for training to the State Armed Police, First Battalion.

(3.) Under their joining the petitioners received their salary and other admissible allowances as well as the puja advance.