NEPAL SHOW Vs. STATE OF WEST BENGAL
LAWS(CAL)-2020-6-59
HIGH COURT OF CALCUTTA
Decided on June 25,2020

Nepal Show Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Samapti Chatterjee, J. - (1.) The matter was taken up on 23rd June, 2020. Since the Court was not satisfied with the submission of Mr. Bandopadhyay, therefore, Mr. Bandopadhyay was directed to produce the records pertaining to the petitioner's claim. Today some documents were produced by Mr. Bandopadhyay those are kept on record. Mr. Halder also today files an affidavit against the document used by Mr. Bandopadhyay. Copies of which were supplied to Mr. Halder through online.
(2.) Petitioner filed the present writ petition assailing the impugned judgment and order dated 29th April,2020 passed in O.A. No. 209 of 2020 thereby refusing the petitioner's prayer for awarding incentive marks for serving in remote and difficult area as per notification dated 26th February, 2020 on the ground, inter alia that the petitioner does not draw remuneration for serving in rural area.
(3.) Mr. Halder , learned advocate appearing for the petitioner submits that the petitioner has been working as Neuro Medicine RMO, Neuro Medicine Department at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104 under the control of Burdwan Medical College since 21st August , 2015 vide notification dated 18th August, 2015. Since the petitioner qualify the NEET P.G. 2020 for MD post, therefore, pursuant to the advertisement dated 18th March, 2020 petitioner applied for appearing in the said counselling thereby submitting the application which was verified and signed by the Principal of the Burdwan Medical College on 23rd March, 2020. It is further vehemently argued by Mr. Halder that the petitioner is entitled to get the incentive marks for serving in rural/difficult/remote area as per the notification dated 26th February, 2020. Unfortunately, from the website petitioner came to know that incentive marks was not awarded in favour of the petitioner. Immediately thereafter petitioner made representation before the authority for awarding incentive marks for serving in remote and difficult area at Anamoy Superspeciality wing situated at Bamchandaipur, Po-Joteram PIN-713104, Neuro Medicine Department under the control of Burdwan Medical College . Since the authority was sitting tight over the petitioner's representation, therefore, without finding any alternative petitioner was compelled to file application being O.A. No. 209 of 2020 before the West Bengal Administrative Tribunal. That application was summarily dismissed by the impugned order dated 29th April, 2020 by the learned Tribunal. Mr. Halder draws the Court's attention at paragraph 2 of the affidavit filed in Court on 25th June, 2020. 2. "This Reply is extremely urgent as the entire crux of argument placed by the State Respondents now on the one point that 'even if the petitioner is MES candidate and serving in Rural Area, as he is not getting the Rural Allowances, he is not entitled to get the Incentive marks'; the point to be noted that there is no other Medical College in West Bengal except the North Bengal Medical College Doctors have been allowed any such Allowances like Rural allowances and that is given only due to the fact that 'North Bengal Medical College' is under Remotest Zone as per Transfer Policy of the Health Department, not due to it is in Rural Area, no other Medical College Doctors obtained such Allowances, but in the Final Combined Eligible Candidate List with State Serial Number, there are several Candidates who are in MES Service, not getting any Rural Allowances as per norms and they have been given/obtained incentive marks to the tune of 30% as well as they have selected and obtained seats in Online Counseling and admitted in such seats of Post Graduate Degree, Names of 8 such Candidates who are in MES service, who have not obtained any Rural allowances, allowed incentives, obtained seats Sl no. i to vi and have taken admission in State First Round Counseling are as follows: JUDGEMENT_59_LAWS(CAL)6_2020_1.html ;


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