Sengupta, J. - (1.) This appeal has been preferred by the State of West Bengal against the judgment and order dated October 9, 1991 of a learned single Judge. An application has been filed by the appellant State of West Bengal, asking for stay of operation of the judgment and order under Appeal. We have heard the learned counsel appearing for the parties at length. We are of the view that no case has been made out for stay of operation of the impugned judgment and order for the reasons set out hereinafter. In the Judgment under appeal the learned Judge observed as follows:- The writ petitioner who has been selected for the appointment of Staff Officer Instructor under the Civil Defence Department has moved this Court under 226 of the Constitution of India being aggrieved by the refusal of the respondents to give him such appointment even though, according to him, the State Government has obtained the Cabinet approval regarding creation of several posts including one for the present writ petitioner.
(2.) On behalf of the respondents it is sought to be urged that the post that has been created by the Cabinet was not for the petitioner but for other persons whose names have been disclosed in the affidavit in opposition.
(3.) The writ petitioner contests this claim of the respondents made in the affidavit-in-opposition and submits that the zerox copy of the notings of the department which he has annexed to the supplementary affidavit clearly shows that he was one of the persons who filed writ petition in this Court and one of the posts that have been sanctioned by the Cabinet was for him.;