AMARNATH HAYET Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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Rabin Battacharyya, J. -
(1.)The Writ Application reveals the disturbing feature of an employee who was constrained to approach the writ Court for relief as his claim has been dashed to the ground by the arbitrary action of the respondents bristled with illegalities and inexorable attitude.
(2.)To redress the wrong, the petitioner preferred a Writ Application claiming a direction in the shape of a mandamus on the respondents to act and proceed according to law and to forbear from giving any affect and/or further effect to the purported appointment made in favour of the respondent Nos. 7 and 8. The other relief excavated by the petitioner in his Writ Application is also for a mandamus with a direction on the respondent to recall, rescind, cancel, withdraw and/or set aside the purported appointment made for the respondent Nos. 7 and 8. It is needless to repeat that a writ of certiorari is also embodied in the prayer of the petition along with ancillary prayers among which the most important prayer that found place in the body of the petition is that the petitioner is entitled to the post of Superintendent, District Jail/Deputy Superintendent, Central Jail.
(3.)To get a grip to the core problem in the lis, the petitioner, after his graduation in the year 1968, appeared in Public Service Commission, West Bengal Miscellaneous Services Recruitment Examination and by dint of his merit, he was selected as Dy. Jailor in permanent post. He obtained his training w.e.f. 27.12.73 for a period of three months.
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