SUSHMITA DONG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioner, stated to be the applicant for consideration and selection for appointment on the post of Commissioner for employees compensation under the Employees Compensation Act, 1923 (hereinafter referred to as 'the Act of 1923'), on being unsuccessful, has come up with the instant petition questioning the legality and validity of the select list, wherein the 4th respondent was found successful in the merit list and placed at Sl. No. 1 and subsequently appointment on the post.

(2.) The facts, in brief, as projected in the pleadings, are that the Labour Department, Government of Sikkim invited applications from the eligible local candidates to fill up the post of one Labour Commissioner under sub-Section (1) of Sec. 20 of the Act of 1923 by publication of notice in the news papers, Sikkim Express dated 14th Dec. 2017 and also in other news papers, namely Sikkim Herald dated 12th Dec. 2017, Samay Dainik dated 14th Dec. 2017 and also published again on 15th Dec. 2017. It was stated in the notification that applications are invited for appointment of the Labour Commissioner to deal with the compensation cases of the labourers, prescribing the qualification as under: -

(3.) It was further stated that the preference shall be given to the candidates having knowledge of local language, culture and local law. The last date of submission of the application along with CV was on or before 29th Dec. 2017. In response thereto, as many as 11 applicants, including the petitioner and the 4th respondent, submitted the applications. The Labour Department appointed One Man Selection Committee of Mr. Justice Kalyanjyoti Sengupta, Chairman, Sikkim Lokayukta, former Chief Justice of a High Court. The applicants were informed the date of interview for the post, to be held on 05th Feb. 2018 at Tourist Lodge, Rangpo. Consequent to the selection, a Select List dated 05th Feb. 2018 of three candidates on merit was published, wherein the 4th respondent ranked first, the petitioner ranked second and one Mr. Dinesh Chawhan was at Sl. No.