S.B.Sinha, J. - (1.) Although this matter was listed under the heading "To be mentioned", in view of the fact that the matter was directed to be listed for hearing and with the consent of the parties, it is treated to be on the day's list and the appeal as also the application for stay of operation of the impugned order were taken up for hearing and are being disposed of.
(2.) The fact of the matter lies in a very narrow compass. This High Court maintains a list commonly known as "List of Outsiders" for the purpose of their engagement in leave vacancy by way of stop gap arrangement. The name of the appellant was entered in the aforementioned list and appeared at serial No. 7 thereof. He allegedly worked by way of stop gap arrangement in the years 1974 and 1975. According to the appellant, his name for permanent absorption as a Class IV staff of this High Court was to be considered sometimes in the year 1989-90. But, when he was not appointed and the persons whose names appeared below him in the said list were so appointed, he filed a writ petition in this High Court, inter alia, praying far the following reliefs :- "a) A Writ of and/or in the nature of Mandamus commanding the respondents, each one of them and/or their subordinates/servants/assigns, to forthwith consider the representation of the petitioner dated 3rd September, 1993, being annexure 'A' to this petition and restore the name of the petitioner in the list of Outsiders and give him appointment on permanent basis in the post of Peon under the Original Side Department of High Court, Calcutta, on the basis of the petitioner's position in the List of Outsiders as prepared in the year 1976. b) A writ of and/or in the nature of Mandamus commanding the respondents, each one of them and/or their subordinates/servants/assigns, to forbear themselves from giving any further appointment on permanent basis in the post of Peon in the Original Side Department of High Court, Calcutta, on the basis of the List of Outsiders as prepared in the year 1976 without first considering the case of the petitioner for such appointment and without offering such permanent appointment, in any manner whatsoever."
(3.) By an order dated 29.9.91. Susanta Chatterjee, J, passed the following interim order :- " X X X X X X The pendency of the petition will not prevent the respondent No. 1, the Registrar, to consider the representation of the petitioner, copy whereof is Annexure 'A' to the writ petition within a period of 4 weeks from the date of communication of the order by giving a chance of personal hearing to the petitioner and by passing a speaking order without prejudice and subject to the result of the writ petition. One post may be kept vacant in the meantime." X X X X X X";