KESHAB CHANDRA DHARA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-2-50
HIGH COURT OF CALCUTTA
Decided on February 14,2013

Keshab Chandra Dhara Appellant
VERSUS
STATE OF WEST BENGAL Respondents

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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