Tapabrata Chakraborty, J. - (1.) The writ application being W.P. No. 21333 (W) of 2015 has been preferred challenging, inter alia, an order dated 31st January, 2014 passed by the O.S.D. & Ex -Officio Special Secretary, Government of West Bengal, Department of Food and Supplies and the writ application being W.P. No. 17744 (W) of 2015 has been preferred challenging, inter alia, an order dated 13th July, 2015 issued by the District Controller (F & S), South 24 Parganas (hereinafter referred to as DC). As common issues are involved in the said writ applications, the same are taken up for hearing together. Shorn of unnecessary details the facts are that in compliance of a judgment dated 27th July, 2007 passed by the Hon'ble Appeal Court in FMA No. 271 of 2005, a notification inviting applications for filling up a vacancy of Modified Rationing Distributorship at Jamtalahat, Kultali Police Station (hereinafter referred to as the said vacancy) was issued on 31st December, 2009. The said notification was challenged in W.P. No. 144 (W) of 2010 by the Kultali Food Marketing Company Limited (hereinafter referred to as KFMC) and the same upon contested hearing was disposed of by an order passed on 5th May, 2010 restraining the respondents from filling up the said vacancy without issuing public notification. The said order dated 5th May, 2010 was challenged by the petitioner in appeal which was dismissed on 1st September, 2011. Thereafter in terms of the order dated 5th May, 2010, a notification was issued inviting applications for filling up the said vacancy and pursuant thereto nine persons applied including the petitioner and the KFMC. Responding to a complaint lodged by the petitioner, the DC upon enquiry, passed an order on 8th February, 2012 observing, inter alia, that the godown of KFMC is not in Jamtalahat. The said order dated 8th February, 2012 was challenged by KFMC through a writ application being W.P. 132 of 2012 and the same was disposed of by an order dated 14th August, 2013 quashing the order dated 8th February, 2012 and directing the DC to consider the report of the Sub -divisional Controller (Food and Supplies) (hereinafter referred to as SDC) and to send his recommendations with a further direction upon the Director to decide the matter afresh. In terms of the directions contained in the order dated 14th August, 2013 the Director passed an order dated 11th November, 2013 agreeing with the views of the DC and recommending the candidature of the petitioner for engagement as distributor in the said vacancy. Thereafter, the OSD and Ex - Officio Special Secretary issued an order on 31st January, 2014 cancelling the said vacancy and directing the SDC to initiate a fresh proposal in terms of the West Bengal Public Distribution System (M & C) Order, 2013 (hereinafter referred to as the said Control Order of 2013). Challenging the said order dated 31st January, 2014 KFMC preferred a writ application being W.P.10608 (W) of 2014 and aggrieved by the order passed in the same, the petitioner preferred an appeal being MAT 1150 of 2014 and the same was dismissed on 16th July, 2014 observing, inter alia, that the dismissal of the appeal will not prevent the appellant from challenging the subsequent steps and or decision of the respondent authorities for filling up the said vacancy at Jamtalahat by filing appropriate application in connection with the pending writ petition. Thereafter an order was passed on 13th July, 2015 by the DC inviting applications for a vacancy of distributorship "at near the office of BDO under Kultali block".
(2.) Mr. Bhattacharyya, learned senior advocate appearing for the petitioner submits that pertaining to the said vacancy at Jamtalahat there had been a series of litigation and ultimately in terms of the order dated 14th August, 2013 passed in W.P. No. 132 of 2012, the Director passed an order on 11th November, 2013 but without considering the same the Special Secretary abruptly issued the impugned memorandum dated 31st January, 2014 cancelling the said vacancy.
(3.) According to Mr. Bhattacharyya, a legal right accrued in favour of the petitioner to be considered for appointment against the said vacancy under the provisions of the West Bengal Public Distribution System Order, 2003 (hereinafter referred to as the said Control Order of 2003) in terms of the order dated 14th August, 2013 passed in W.P. No. 132 of 2012 and the memorandum dated 11th November, 2013 and that such right has been sought to be illegally interfered with by the impugned orders dated 31st January, 2014 and 13th July, 2015.;