- (1.) This appeal is directed against an order dated 5.2.1993 passed by a Ld. Single Judge of this Court in C.O. No. 15664(W) of 1992 whereby and whereunder the Ld. Trial Judge allowed the writ application in terms whereof the respondents were inter alia directed to issue appointment letters in favour of the writ petitioners who are five in number, if they are otherwise eligible. The Ld. Trial Judge also by his order impugned observed :- "Since the selection had already been made in 1988, if the petitioners have crossed the age limit the respondents must not take into account such age limit at the time of giving appointment on the basis of the interview already held."
(2.) The writ petitioner Nos. 1 to 5 after having their names registered in the employment exchange in 1974 applied in 1984 for taking fire service and rescue training through employment exchange, Calcutta and the respondent/authorities after holding interview selected them and they obtained such training for a period of two months. By a circular dated 30th August, 1986 some recruitments were proposed to be made for the post of Fire Operators and the writ petitioners requested the respondent No. 3 to consider their cases but the said respondent expressed his inability to consider the same and thus they were not recruited. The writ petitioners then filed a writ petition which was disposed of on 18.11.86 by Hon'ble Mr. Justice Ajit Kumar Sengupta by the following order. "After hearing the learned advocate for the parties, I dispose of his application by directing the respondent to call the petitioners at the interview for appointment in the West Bengal Fire Services, if they fulfil the qualification prescribed by the Director for such posts. In the event, the respondents do not call the petitioners or any of them at the interview they shall give reasons why according to the respondents they are not qualified or eligible."
(3.) Pursuant to the said order the Director, West Bengal Fire Services issued call letters to the petitioners on 27th July, 1988 and in pursuance whereof the writ petitioners appeared at the interview but they were not appointed. Another writ application being Matter No. 5037 of 1988 was thereafter filed by the petitioners. The respondents authorities in their affidavit-in-opposition denied that the petitioners have been selected in the interview held on 30th August, 1988. The said writ petition was finally disposed of by Monoranjan Mallick, J. on 31.3.1989 : "All the original documents filed in connection with the appointments of Fire Operators have been called for by a writ of certiorari and the same have been produced. From those documents it is found that in terms of the order of the Division Bench in F.M.A.T. 2463 of 1988 the Respondent No. 3, Director of West Bengal Fire Services, had been given permission to fill up 70 vacancies in the post of Fire Operators. The files produced before me show that after this order had been passed by the Division Bench of this Court the posts for which applications were invited and the present writ petitioners along with the others were interviewed have already been filled up. I also find the records that all the Appointment Letters have been issued and the successful candidates after undergoing training have already joined their respective posts and are now serving. In view of the above circumstances, no order can be passed in this writ petition directing the respondents or any one of them to give any appointment to the present writ petitioners. The writ petition has now become infructuous because in the meantime under the order of the Division Bench of this Hon'ble Court all the vacancies have already been filled up. This writ petition is, therefore, disposed of without passing any order.";