BISWANATH SOMADDER, J. - (1.) Four individuals have joined as co-petitioners seeking, inter alia, issuance of a writ in the nature of mandamus commanding upon the respondent authorities to accord approval of four homoeopathy dispensaries where the petitioners were engaged.
(2.) This matter was earlier taken up for consideration on 5th September, 2006, when this Court, at the ad interim stage, refused to pass any order upon the authorities to release honorarium in favour of the petitioners pending consideration of recommendation for grant of approval of their appointment as part time homoeopathy doctors/compounders. The Court passed the above order upon taking into consideration the submission made by the learned advocate for the Zilla Parishad to the effect that honorarium could not be released in favour of the petitioners as their service had not been approved by the Health Department, Government of West Bengal. The learned advocate for the Zilla Parishad had also submitted that a recommendation had already been sent to the Health Department, Government of West Bengal, by his clients for consideration of their proposal of grant of approval for part time homoeopathy doctors/ compounders.
(3.) The averments made in the writ petition do not disclose any accrued legal right vested in the petitioners for being given appointment. A recommendation by the Zilla Parishad of their proposal to give such appointment forwarded to the State government cannot ipso facto turn into a legal right in favour of the petitioners for being given appointment as part time homoeopathy doctors/ compounders. The question of release of honorarium could have arisen only if their service was approved by the State government and not otherwise. No writ of mandamus can be issued in such a fact situation commanding the State government to approve the service of the writ petitioners.;