JUDGEMENT
PRASENJIT MANDAL, J. -
(1.) THE writ petitioner has filed this
application praying for the following reliefs:-
a) Writ of and/or in the nature of Mandamus directing the Respondents to rescind/recall/cancel the impugned resolution of the Executive Council of the University as its 64th meeting held on 17.10.2012, and impugned order dated 12.12.2012 in so far as the same purport to post the petitioner at Ramsai, District Jalpaiguri; b) Writ of and/or in the nature of Mandamus directing the Respondents not to disturb the functioning of the petitioner as Assistant Director (Farms) of the Respondent University at its Mohanpur Campus, Nadia; c) Writ of and/or in the nature of Certiorari directing the Respondents to certify and transmit the records of the case before this Hon'ble Court so that the impugned Executive Council resolution dated 17.10.2012 and the order dated 12.12.2012 in so far as the same adversely affect the petitioner may be quashed and conscionable justice done to the parties; d) ............ h)
(2.) ON the recommendation of the Selection Committee and its acceptance by the Executive Council of the respondent university
in its 64th Meeting held on October 17, 2012, the writ petitioner
has been appointed Assistant Director (Farms), Directorate of
Research, Extension & Farms, West Bengal University of Animal &
Fishery Sciences in the revised pay scale of Rs.15,600-39,100.00
and Grade Pay of Rs.8,000.00 against existing vacancy upon certain
terms and conditions.
The place of posting has been decided at Ramsai Farm, District Jalpaiguri. He has been informed that he will be on
temporary service for one year from the date of joining followed
by a period of two years on probation. During this period, if his
service is found unsatisfactory, his employment is liable to be
terminated as per rules and regulations of the respondent
university. The petitioner has also been directed to join his
service within 30 days from the date of issue of the appointment
letter dated December 12, 2012.
(3.) THE petitioner has contended that there is no Farm under the respondent university at Ramsai. The State Government took over
the Ramsai Farm, but, by a decision of the Division Bench dated
February 9, 2004, the State Government has been directed to hand
over the entire land of the farm and that of Krishi Vigyan Kendra
to Ramkrishna Seva Kendra. So, the order of appointment at Ramsai
by the respondent university is without jurisdiction and violative
of fundamental rights of the petitioner. So, the petitioner filed
a representation dated December 7, 2012 requesting the respondent
university to reconsider the decision of posting at Ramsai. The
petitioner should be allowed to function as Assistant Director
(Farms) at Mohanpur Campus upon quashing the impugned resolution
of the Executive Council dated October 17, 2012.;
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