Banerji, J. - (1.) This appeal is directed against the Judgment and Order dated April 26, 1995 passed by a learned Judge of this Court in the Writ Application being C. O. No. 4861 of 1995 filed by the Appellant herein praying, inter alia, for directing the Respondents to select the Petitioner to the Post of Constable on the basis of interview held on 28th September, 1994 at Police Line, Chinsurah, in the District of Hooghly and to direct the Authorities concerned to issue Appointment Letter.
(2.) On our queries about the maintainability of the above C.O. No. 4861 of 1995 filed in this Court under Article 226 of the Constitution of India without seeking relief in the West Bengal Administrative Tribunal (hereinafter called 'the Tribunal' for short), Mr. Sahu, the learned Counsel, appearing for the Appellant submits that the above C.O. was filed when there was stay on the functioning of the Tribunal during the period from January 17, 1995 to January 10, 1996 as would be evident from the decision in the case of The State of West Bengal v. R. Bhattacharya reported in 1996 (1) CHN 379, whereby the Judgment passed by a learned Single Judge of this Court in the case of Rudrajyoti Bhattacharya & Ors. v. Union of India & Ors. reported in 1995 (1) CHN 135, was reversed.
(3.) The present appeal was preferred on May 15, 1995, i.e., during the period when the stay on the functioning of the Tribunal was in force.;