JAYANTA CHOUDHURY Vs. PRABIR KUMAR DAS

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge in Civil Rule No. 153/93 dated 3rd August, 1994.

(2.) At the admission stage, we have heard Mr. D.N. Choudhury, Sr. Advocate assiated by Mr. A.Roy, Advocatee for the appellant, Mr. B. Das, Sr. Advocate appearing for die Contesting private respondent and Mr. A Chakraborty, Advocate General appearing for the State, Agartala Municipally assisted by Mr. B.P. Kataky.

(3.) The petitioner/respondent Shri Prabir Kumar Das had filed the above Civil Rule and prayed for a writ directing the respondent to remove the appellant/ respondent No. 4 from the post of Sanitary Inspector and quash the appointment of respondent No. 4 and has also prayed for a write directing to remove petitioner/respondent No. 4/ from the aforesaid post. The learned Single Judge under the impugned order has allowed the writ petition and directed the respondent to remove/terminate the appellant/respondent No. 4 from the post of Sanitary Inspector and has also orederd petitioner to be appointed on the aforesaid post after the respondent/Agartala Municipality satisfies itself whether on the date of interview, the petitioner was eligible far consideration in every other respect including the age limit prescribed there of. It has also been hold that on the date of the interview if the petitioner was within the prescribed age limit, he shall be appointed to the said post whether or not by this time he crossed the said age limit as prescribed in the advertisement.