JUDGEMENT
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(1.) This appeal is at the instance of the State and is directed against an order
dated 9th September, 2009 passed by a learned Single Judge of this Court by
which His Lordship disposed of a writ-application filed by the respondents by
setting aside the order impugned in the writ-application with the direction upon
the State to give similar benefits to the respondents which it offered to three
different individuals, viz. Phani Bhusan Dey, Kamalnayan Bhattacharjee and
Shyamapada Biswas, in the past.
(2.) Being dissatisfied, the State has come up with the present mandamus
appeal.
(3.) In the writ-application, the writ-petitioners challenged an order dated 23rd
September, 1997 passed by the Secretary, Mass Education Extension
Department, Government of West Bengal. By the said order, the prayer for
permanent employment made by the writ-petitioners was rejected on the ground
that the writ-petitioners, appointed on temporary basis, were not given any
promise by the State to confer them with permanent status of employees and as
such, they were not entitled to get such declaration. It was pointed out that they
could be absorbed in the permanent service only in accordance with the
procedure provided in the West Bengal Public Library Act, which came into
operation in the meantime.;
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