Satya Brata Sinha, J. - (1.) The appellant-university being aggrieved by and dissatisfied with a judgment and order dated 24.12.97 passed in C.O. No. 7919 (W) of 1996 has preferred this appeal whereby and whereunder the writ application filed by first respondent was allowed, wherein he, inter alia, prayed for issuance of the following writs:- "(a) Writ of and/or in the nature of mandamus commanding the respondents 1 to 4 to forthwith recall, rescind and/or cancel the impugned resolutions dated 7th March, 1996 and 12th April, 1996 being Annexure-G to the writ petition and to forthwith forebear them for giving any effect and/or acting on the said resolution. (b) Writ of and/or in the nature of Mandamus commanding the respondents 1 to 4 to give re-employment to the petitioner with retrospective effect from Ist February, 1996 in due compliance of the rules and guidelines provided in the U.Ord. 10(T.U.) of the said First Ordnance and without being guided by the Govt. order dated 15th November, 1979 within a specified period and to pay salary and emoluments referable to such re-employment. (c) Writ of and/or in the nature of Certiorari directing the respondents 1 to 4 to produce the records relating to the subject matter of the present writ petition as also those relevant and material to the facts of the case after authentication and proper certification so that on perusal of the same and after hearing the parties the appropriate writ and/or order may be passed for quashing the impugned recommendation of the Screening Committee relating to the petitioner's application for re-employment as well as the impugned resolution dated 7th March, 1996 and 12th April, 1996 being annexure 'G' to the writ petition and the order or orders to the prejudice of the petitioner's right of employment including any appointment to the relevant post, if any, passed and/or made in the meantime".
(2.) The basic fact of the matter is not in dispute.
(3.) The first respondent was head of the department of history of the Burdwan University. He superannuated on 31.1.1996. Prior to his superannuation he, in terms of the University Ordinance No. 10 (T.U.) filed an application for his re-appointment. According to the petitioner, he fulfils all the conditions for re-appointment and the Screening Committee and the Executive Council had all along been granting such re-appointment almost as a matter of course.;