- (1.) This application has been filed in connection with the appeal preferred from the order passed by a Learned Judge of this Court whereby and whereunder the said learned Judge passed an interim order on 9th October, 2009 in the writ petition filed by the respondent No. 1/writ petitioner pending final disposal of the said writ petition on merits.
(2.) The respondent No. 1/writ petitioner is a retired Government Officer and was appointed by the Board of Directors of North Bengal State Transport Corporation on contract basis initially for a period of one year by the notification dated 27th April, 2007 issued by the Additional Chief Secretary to the Government of West Bengal, Transport Department.
(3.) By the subsequent notification dated 8th April, 2008, the term of appointment of the said respondent No. 1/writ petitioner as Chairman of North Bengal State Transport Corporation on contract basis was extended for a further period of two years with effect from 2nd May, 2008. The aforesaid notifications dated 27th April, 2007 and 8th April, 2008 are reproduced here in below : "Government of West Bengal Transport Department Writers' Buildings Kolkata-700 001 No.T483-WT/TR/O/11B-13/07 Kolkata the 27th April, 2007. NOTIFICATION In supersession of earlier orders and in exercise of the power conferred by sub-section (2) of Section 5 of the Road Transport Corporation Act, 1950 (Act of 1950); as amended from time to time and read with Sub- Rule (1) of rule 4 of the West Bengal State Transport Corporation Rules, 1960 the Governor is pleased hereby to appoint Shri Supriya Kar, IAS retired on 28.02.2006 as Special Secretary, Agriculture Department, Government of West Bengal as full time Chairman of the Board of Directors of NBSTC on contract basis for a period of one year. The order is to take effect from 2.5.2007. He is appointed on usual terms applicable for a retired officer as may be fixed by Finance Department. This order issues with the concurrence of Finance (Audit) Department, Gr. 'P' U.O.No.1678 dated 27.04.2007. By order of the Governor, Sd/- Sumantra Chowdhury Additional Chief Secretary to the Govt. of W.B." Government of West Bengal Transport Department, Writers' Buildings, Kolkata-1. No.1258-WT/TR/0/11B-13/07. Dt. 8.4.2008. NOTIFICATION In continuation of this Deptt's Notification No.1483-WT Dt. 27.4.07 and in exercise of the power conferred by sub-section (2) of Section 5 of the RTC Act, 1950 (Act of 1950) as amended from time to time and read with Sub-Rule (1) of rule 4 of the West Bengal State Transport Corporation Rules, 1960, the Governor is pleased hereby to extend the term of appointment of Sri Supriya Kar, Chairman, NBSTC on contract basis for further two (2) years w.e.f. 02.05.2008. By. order of the Governor. Sd/- Sumantra Chowdhury. Addl. Chief Secretary to the Govt. of W.B.";