STATE OF WEST BENGAL Vs. MOHAN CHANDRA PAL

JUDGEMENT

(1.) WEST Bengal Minor Irrigation Corporation Limited is a wholly undertaking of the State. The said Corporation is under deep and pervasive control of the state. 1-2 vacancies were sanctioned by the State. The Corporation prepared a panel in 1990 after holding a regular recruitment process. The respondent no. 1 before us was placed at Serial No. 12 in the said panel. The life of the panel expired after one year. No appointment was given from the said panel. The first empaneled candidate filed a writ petition in 1995. The learned single judge vide order dated April 13, 1995 directed appointment to be given to him. This order was passed upon hearing the rival contentions of the parties. Some of the panelists including serial No. 15 filed another writ petition and went before another learned single Judge who, however, passed an order on April 27, 1995 directing the respondents to consider their cases for appointment. The Corporation filed an appeal against the first order and not against the second order. However, before the appeal could be heard and disposed they gave appointment to Serial Nos. 1, 2, 3, 4, 7 and 15 on October 11, 1995.

(2.) THE Division Bench heard the appeal in respect of the first writ petition.

(3.) LEARNED Counsel appearing for the Corporation made a voluntary statement before the Court of appeal that irrespective of the decision in the appeal they decided not to take back the employments given to the panelists as recorded above. They, however, proceeded with the appeal to prevent future complications.