AMIYA PRADHAN Vs. SECRETARY GOVT OF WEST BENGAL

JUDGEMENT

(1.) Two points are to be determined in the present writ petition as to whether despite of the selection and recommendation of the West Bengal Public Service Commission, the promotion of a Government servant can be denied on the plea of existence of Departmental Proceeding, by issuance of some sort of slip shod charges against the said employee, who is otherwise eligible for such promotion.

(2.) Secondly, this court has to determine whether the present writ petition has been rendered infructuous in view of the fact that the writ petition cannot be disposed of before actual retirement of the writ petitioner for no fault of the writ petitioner and whether any pecuniary relief can be granted to the petitioner in such circumstances.

(3.) The facts of the present writ petition are as follows: The petitioner Miss Amiya Pradhan obtained B.Sc. (Hons.) in Nursing in the year 1953 from the College of Nursing, Delhi, and was appointed initially as a State Nurse in the Medical College Hospital at Calcutta, and was posted there on September 1953, and thereafter, promoted to the post of Sister Tutor in gust 1956, and joined S.S.K.M. Hospital on September 5, 1986, being transferred from Medical College. In the meantime, she obtained Master's Degree in Nursing Education from Indiana University, U.S.A. in 1964, with scholarship. The petitioner was sent to the said University for obtaining the Master's Degree by the Government of West Bengal as well as the Government of India, as their nominee. The petitioner attended various seminars and workshop including one in Washington in the year 1964. In 1976, the petitioner was sent to NIHAE Delhi to XIII Staff College course for Senior Health Administrators. The petitioner was also Member of West Bengal Nursing Council and was Vice-President. She was also a co-opted member of the Board of Studies attached the Council for Under-Graduate Studies in Medicine, Dental Science, Homoeopathy, etc., of Calcutta University. The petitioner also been appointed a Paper Setter for the B.Sc. (Hons.) Nursing, Calcutta University and as a Paper Setter and Examiner and Moderator for W.B.N.C. The petitioner had also been appointed the Indian Nursing Council Inspector by the President of India.