- (1.)THIS appeal is filed assailing the order dated August 26, 2005 passed in W. P. No. 13088 (W) of 2004. By virtue of the aforesaid judgment and order, the appointment of respondent no. 6 to the post of peon in Group "d" in Shyampur-II Panchayet Samiti was cancelled. Direction was also given to re-advertise the above post.
(2.)THE fact of the case in a nut shell, as brought on record in the writ application, were as follows:-
(i) The Recruitment Rules for appointment of Peon, Clerk-cum-Typist and Upper Division Assistants in Panchayet Samities in the State of West Bengal was framed by government order issued under memo no. 4405/pn/n/iii/2e-49/98 dated December 4, 1998 ( hereinafter referred to as the said Recruitment Rules), in supersession of earlier orders issued in this regard. The age limit for appointment of Peon (Group "d" employee) was fixed from 18 to 37 years, upper age limit being relaxable in case of Scheduled Castes, Scheduled Tribes, other Backward Classes and exempted categories of candidates as per Rules and Orders of the Government in the Labour Department and Backward Classes, Welfare Department, as the case may be. (ii) On December 20, 1999 a requisition was sent to the Employment Officer-incharge, Uliberia, Howrah by the respondent no. 4 to sponsor names of suitable candidates to fill up one peon (Group "d" employee) of Shyampur-II Panchayat Samiti, District Howrah. On March 3, 2000 the above employment exchange sent the names of 20 eligible candidates in compliance of above requisition. (iii) The appellant filed an application under Article 226 of the constitution being W. P. No. 8864 (W) of 2000 (AST 1974 of 2000 ). An interim order dated May 24, 2000 was passed in the above writ application allowing the appellant to take part in the selection process for appointment of Peon (Group "d" Employee) under the aforesaid Panchayet Samiti along with other eligible candidates provided the appellant fulfilled the eligibility criteria including age and education. The above order dated May 24, 2000 is quoted below: "a. S. T. 1974/2000 HIGH COURT AT CALCUTTA CIVIL APPELALTE SIDE. W. P. 8864 (W) of 2000. In the matter of : Sayed Julfikar. Petitioner. Versus. For petitioner Mr. Alamgir Khan. Opposite party. Mrs. Jayanti Dhar Kader For State. Noting by office or Serial No. Date Office notes, reports, orders or proceedings with signatures. Advocate 24. 5. 2000 In view of the urgency as pleaded in the petition, requirement of Rule 27 of the Writ Rules be dispensed with. Let this matter appear before the appropriate regular Bench one week after the Summer Vacation. Meanwhile, the petitioner shall be allowed to take part in the interview along with other eligible candidates provided the petitioners fulfils the eligibility criteria including age and education. The petitioner will be entitled to appear at the interview along with other eligible candidates even without his name being sponsored by the Employment Exchange. The petitioner is directed to serve copies of this writ application upon the Respondent sand shall file an Affidavit of service on the next date of hearing. In default thereof, the interim order will stand vacated. If any benefits is derived in terms of this order, this interim order will stand set aside and/or cancelled. The respondents are given liberty to apply for vacation and/or variation of this order upon notice to the petitioners. (K. J. SENGUPTA, J.)" (iv) The respondent no. 4 by a communication issued under memo no. 701 (50) dated june 15, 2000 allowed the appellant to appear at the examination centre in connection with selection process for appointment of peon (Group-D employee)in the aforesaid Panchayat Samiti of Shyampur-II Panchayat Samiti office on july 8, 2000 at 12 noon subject to production of true copies of testimonials including school leaving certificate, original certificates and Employment exchange Card, Admit Card, Marksheet. The appellant was further directed to produce the certified copies of order dated May 24, 2000 passed in AST 1974/2000. (v) The respondent no. 4 issued a further communication to the appellant under memo no. 698 dated June 16, 2000 asking him to submit documents relating to the age of the appellant to the respondent no. 4 within June 27, 2000. The reason as disclosed in the above communication was that the date of birth of the appellant being February 3, 1998, he had attained the age of 41 years 10 months and 5 days on December 8, 1999. But the permissible age limit for participating in the selection test for the post under reference was from 18 upto 37 on December 8, 1999. (vi) The selection test in connection with the above recruitment process took place on July 8, 2000. The appellant was allowed to participate in the above selection test along with other eligible candidates. (vii) On September 15, 2000, it was resolved in the meeting of the Block Level Selection Committee for appointment of Peon (Group-"d" employee) under the Shyampur-II Panchayat Samiti, District-Howrah (hereinafter referred to as the said Panchayat Samiti) that the following candidates had secured first five positions in order of their performance in the written test: 1. Sk. Mahabub Alam, 2. Sisir Kumar Hazra, 3. Subrata Kumar Adhakari, 4. Raghab Chandra Deshmik (respondent no. 1), 5. Sayed Julfikar (the appellant ). By virtue of the above resolution dated for viva voce test was fixed on September 25, 2000 at 12 noon. It is pertinent to mention here that from the minutes of the above resolution dated September 15, 2000 it is revealed that the respondent no. 7 being the Sabhapati of the said Panchayat Samiti and the Ex-officio Chairman of the above selection committee was absent in that meeting. The Saha-Sabhapati namely Shri Vim Charan Mandal of the said Panchayat Samiti took the chair for presiding over the above meeting. (viii) In the meeting dated September 25, 2000 of the above Block Level Selection Committee of the said Panchayat Samiti a panel for selected candidates was prepared in order of merit as follows: (1) Sayad Julfikar (the appellant), (2) Sk. Mahabub Alam, (3) Subrata Adhikari) (ix) On September 29, 2000 the appellant was appointed to the above post of Peon (Group-D employee) under the said Panchayat Samiti. (x) On August 27, 20002 the respondent no. 1 lodged complaints to the District Magistrate, Howrah (at page 53 in the paper book) and to the respondent no. 4 (at page 55 in the paper book) respectively with regard to the consideration of the name of the petitioner for appointment in the post of Peon (Group "d" employee) under the said Panchayat Samiti) under exempted category. (xi) Thereafter, the respondent no. 1 filed an application under Section 19 of the Administrative Tribunals Act, 1985 being NO. OA-1 333/2002 for cancelling the appointment of the appellant in the post of Peon (Group "d" employee) under the said Panchayat Samiti. By an Order dated June 15, 2004 the above application was dismissed with liberty to the respondent no. 1 to approach the appropriate forum to agitate his grievance. (xii) During the pendency of the above application being case no. OA-1333/2002 the services of the appellant in the post under reference was made confirmed by the respondent authority by an order dated September 29, 2003. (xiii) Thereafter, the respondent no. 1 filed the writ application being W. P. No. 13088 (W) 2004 which gives rise to the instant appeal.

(3.)THE above writ application was disposed of by an order dated August 26, 2005 cancelling the appointment of the appellant to the post of Peon (Group "d" employee) under the said Panchayat Samiti as also directing the respondents to re-advertise the post.