- (1.) THIS appeal, at the instance of West Bengal scheduled Castes and Scheduled Tribes Development Finance Corporation and Others respondents including its Managing Director and State of West bengal is directed against the judgement and order of learned single judge allowing the writ petition and also issuing directive to the opposite establishment, now the appellants in the present appeal by a writ of prohibition not to give any appointment to the post of Junior Assistant without first giving the appointment to the writ petitioner, the respondent.
(2.) THE writ petitioner, a graduate, appeared) in the written examination held by the appellant undertakings on June 5, 1988. His name was sponsored by the Employment Exchange concerned on the requisition made by the appellant establishment for appointment to the post of Junior Assistant. He was successful in the examination and viva voice test and his name was included in the panel of 12 candidates which was prepared and published on August 11, 1988 for appointment in the said post. His position in the panel in order of merit was 9th, It was made clear at the time of publication of such panel that it would remain valid for one year from the date of its publication. Seven persons were given appointment from the said panel but he, however, was not given any appointment. In the meantime, further 20 vacancies occurred in the post of Junior assistant. The said corporation, appellant, sent fresh requisition to the Employment Exchange calling for names of fresh candidates in May 1983 which was occasioned on account of promotion of Junior Assistants to the post of Field Organizers. The second panel was prepared and published on september 4,1989. The Corporation made appointments from the said panel without giving any appointment to the writ petitioner whose name existed in the first panel which was alive before processing the second panel. The grievance of the writ petitioner was that he was not given appointment although there were vacancies in the post of Field Assistant numbering about 20 which was filled up from the candidates of the second panel only ignoring the fact that the life of the first panel was not exhausted even 4l/2 months after the starting of prossesing of the second panel in April, 1989. The learned Trial judge on consideration of the respective cases and contentions of the parties and laws applicable to the facts and circumstances of the case allowed the writ petition in the manner stated above.
(3.) BEING aggrieved by and dissatisfied with such judgement and order, the corporation and other respondents have come up in appeal. They applied for stay of the judgement and order of the trial court before a Division Bench of this High Court but the Bench refused to grant stay holding that the petitioner could not be deprived of his right of being employed in the post for which he was selected and included in the panel for appointment to such post by having recourse to technical interpretation of the relevant provision of Employment exchange (Compulsory Notification of Vacancies) Act, 1959. The appellant moved in special leave petition for stay against such order. The Supreme Court refused to interfere with the order of the Division Bench directing the appeal to be disposed of expeditiously.;