- (1.) The above writ petitions came to be filed questioning the process of selection to the post of Civil Defence Volunteers on contractual basis as illegal and arbitrary. When the matters came up for consideration, probably as the issue pertaining to services of personnel in Home Guards involved whether they hold a civil post or not, these matters pertaining to selection process on contractual basis in the Auxiliary Fire Personnel for West Bengal Fire and Emergency Services were also clubbed with Home Guard petitions where the reference to be answered by the Larger Bench. In all the writ petitions from different districts questioning the process of selection of third respondent or the Additional Director General of Police and also West Bengal Fire and Emergency Services, Government of West Bengal, was challenged contending that none of the procedure contemplated in the Notification was adopted, undue favours were shown to certain candidates by inserting candidates, who were really not qualified as per the Notification calling for applications. Then, the question came up for consideration is whether writ petitions could be entertained to decide or adjudicate the lis raised before us with reference to the reliefs sought in the writ petitions.
(2.) According to the petitioners, they do not hold posts to be treated as civil posts. Therefore, the writ petitioners cannot be asked to approach the Administrative Tribunal as such application shall be not maintainable under section 15 of the Administrative Tribunal Act. According to them, the posts in question cannot be treated as posts amenable for the process contemplated under Article 311 of the Constitution of India in the absence of specific recruitment rules to be followed for the contractual services in question. Several decisions were also referred to by the learned Counsel, Mr. Nandi, appearing for writ petitioners in W.P. 12246 (W) of 2013 and his arguments are adopted by other learned counsel representing the writ petitioners in other matters.
(3.) So far as the nature of the post and the applicability of provisions of Article 311 of the Constitution of India, learned State Counsel, on instructions submits, it was never the stand of the State that the posts in question could be equated with the status of Civil Posts, rather all along the stand of State was that they were contractual appointees in accordance with the procedure mentioned in the Notification inviting the applications. Therefore, according to the learned State Counsel, the petitioners cannot be relegated to the Administrative Tribunal.;