SHYAMAL BANDYOPADHYAY Vs. THE CALCUTTA STATE TRANSPORT CORPORATION & ORS.
LAWS(CAL)-2012-2-147
HIGH COURT OF CALCUTTA
Decided on February 02,2012

Shyamal Bandyopadhyay Appellant
VERSUS
The Calcutta State Transport Corporation And Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) None appears on behalf of the respondents no. 4, 5 and 6 when the matter is called on. No accommodation is prayed for. This writ application is directed against an order passed by the respondent no. 4 under Memo No. 75/C/SSC(E.R.), Burdwan dated May 13, 2003. By virtue of the impugned order the respondent no. 3 directed the respondent no. 6 not to appoint the writ petitioner in the post of Headmaster of Chakdaha Ramlal Academy, District - Nadia (hereinafter referred to as the "said school"). The facts of this case are recorded below in a nutshell.
(2.) The petitioner participated in the selection process for appointment of Headmaster in different higher secondary schools within the district of Nadia held by the respondent no. 4 in the year 2003. By virtue of an order issued under Memo No. 84/APPTT/HM/SCC (ER), Burdwan dated May 2, 2003 the name of the petitioner was recommended by the respondent no. 4 for appointment to the post of Headmaster of the said school on the basis of the academic scoring and personality test held by the respondent no. 4. The school issued a letter of appointment in favour of the petitioner under Memo No. APPTT/HM/25/2003 dated May 17, 2003 for the post of Headmaster of the said school. By a communication dated May 22, 2003 the petitioner expressed his intention to join the above post. But he was informed by the said school by a communication issued under Memo No. APPT/HM/28/03 dated May 24, 2003 that in terms of the decision of the respondent no. 4 as communicated to the said school by the impugned order the prayer of the petitioner to join in the post was disallowed. A copy of the impugned order was also annexed to the above communication be kept on record.
(3.) I have heard the learned counsel appearing for the petitioner as also for the State-respondents and I have given my thoughtful consideration to the fact and circumstances of this case. For proper adjudication of the issue involved in this matter the impugned order of the respondent no. 4 is quoted below:- "With reference to the above, I am to state that in view of the letter of the West Bengal Regional School Service Commission (ER), Burdwan (Memo No. 75/C/SSC)ER), Burdwan, dated 13.05.2003, the undersigned regrets its inability to allow you to join the school as H.M. for the present. Further development if any shall be communicated to you in due time.";


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