DHANANJOY PRADHAN Vs. CHAIRMAN EGRA MUNICIPAITY
LAWS(CAL)-2006-1-36
HIGH COURT OF CALCUTTA
Decided on January 19,2006

DHANANJOY PRADHAN Appellant
VERSUS
CHAIRMAN, EGRA MUNICIPALITY Respondents

JUDGEMENT

P.K.Ray, J. - (1.) These writ applications were originally moved praying the following reliefs: "(a) a writ in the nature of Mandamus commanding the respondent No. 1 to issue an interview letter in favour of the petitioner to the post of Work Sarkar, Group-C, Egra Municipality, Post Office: Egra, District: Midnapore which will be held on 11th November,2001 or any subsequent date in the office of the Municipality. (b) a writ of the nature of certiorari directing the respondents to produce or cause to be produce all relevant documents in connection with the case of the petitioner before this Hon'ble Court so that the conscionable justice may be done to the petitioner. (c) Rule NISI in terms of the prayer (a & b) above. (d) to issue an order injunction restraining the respondents Nos. 1 & 4 not to hold any interview to the post of Work Sarkar, Group-C, Egra Municipality, Midnapore on 11th November, 2001 or any subsequent date without issuing interview letter in favour of the petitioner to the aforesaid post till disposal of the application. (e) Ad-interim order of injunction in terms of prayers (d & e) above, (f) make any other appropriate writ or writs order or orders to which the petitioner is entitled. (g) to make the Rule absolute. (h) pass such other or further order or orders as your Lordship may deem fit and proper. (i) Cost or Costs."
(2.) By the interim order dated 9th November, 2001, Ashim Kumar Banerjee, J. directed the appearance of all the petitioners in the interview with a rider that "if the writ petitioner succeeds, the said appointment will abide by the result of the writ petition". The order dated 9th November, 2001 aforesaid speaks to this effect: "The writ petitioner is working as a Store Keeper on casual basis in Egra Municipality. The said post is now being filed up through regular recruitment process. Hence I direct the said Municipality to allow the writ petitioner to participate at the interview for the said post provided the writ petitioner is eligible for the said post. In case the writ petitioner succeeds, the said appointment will abide by the result of the writ petition. Let affidavit-in-opposition be filed by 19.11.2001 and reply thereto, if any, be filed by 29.11.2001. Let this matter appear in the monthly list of December, 2001 before the appropriate regular Bench. Let plain copy of this order duly countersigned by the Assistant Registrar (CT.) be given to the learned Advocates appearing for the respective parties on usual undertaking."
(3.) During pendency of the writ application under changed situation affidavits have been exchanged by the parties wherefrom it appears that petitioners along with other candidates sponsored from Employment Exchange, were duly, interviewed by the Selection Committee following the Recruitment Rules and thereby petitioners were empanelled for employment and as the writ applications are pending, no formal appointment letters have been issued.;


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