Decided on November 10,1995

Ramdas Banerjee Appellant
STATE Respondents


A.K. Dutta, J. - (1.)The writ Petitioner is represented by his learned Advocate. There is none to represent any of the Respondents even though the Rule has been duly served upon all of them. It is a matter of 1979, and cannot be allowed to be dragged on for an indefinite period at the whims of any of the parties. No affidavit -in -opposition either appears to have been filed by any of the Respondents against the writ petition filed by the writ Petitioner. That being so, the allegations made in, the writ application remain unchallenged and uncontroversial.
(2.)By this writ application under Article 226 of the Constitution of India, the writ Petitioner Ramdas Banerjee has prayed the Court for issue of a writ of Mandamus or in the nature thereof commanding the Respondents concerned not to give effect to the impugned transfer order dated March 27, 1979, being annexure 'F' to the writ application, along with other relief 's, prayed for therein, for the reasons stated and on the grounds made out therein.
(3.)It is contended by the writ Petitioner (hereinafter referred to as the Petitioner) that he got his appointment as Typist -Clerk attached to Patrasayer Development Block (Bankura) in the department of Agriculture and Community Development (CD.) West Bengal in the year 1961. He had joined his service in terms of the said appointment on April 3, 1961. He was thereafter appointed to the post of Typist -Clerk in Saltora D.V. Block in the District of Bankura on probation for 2 -years with effect from January 1, 1964 by the B.D.O. Saltora (Bankura) by his order dated January 9, 1964. On satisfactory completion of his probationary period, he was thereupon appointed substantively to the post of Typist -Clerk at Saltora D.V. Block in the concerned department with effect from January 1, 1966 by an order passed by the B.D.O. Saltora (Bankura), as will appear from Annexure 'K' to the supplementary affidavit. The B.D.O. Patrasayer (Bankura) had also allowed him to cross efficiency bar by his order dated April 19, 1975.

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