LAWS(CAL)-2021-1-9

ARINDAM ROY Vs. STATE OF WEST BENGAL

Decided On January 19, 2021
ARINDAM ROY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present writ petition has been filed challenging the impugned order dated December 9, 2020 passed by the West Bengal Administrative Tribunal (for short 'the Tribunal') in O.A. No. 434 of 2020 (Dr. Arindam Roy vs. The State of West Bengal and Ors.) (for short 'theOriginal Application') whereby the said Original Application filed by the writ petitioner was disposed of directing the first respondent to dispose of the representation dated November 11, 2020, filed by the petitioner by passing a reasoned order and to make necessary communication thereof.

(2.) It was submitted on behalf of the petitioner that there is an extreme urgency in the matter. In case the petitioner is not allowed to join AIIMS by January 21, 2020, he will lose the opportunity and would suffer immense and irreversible injury and prejudice. Accordingly, the petitioner prayed for redressal of his grievance completely in this present writ petition on merit of its case. Considering such prayer and finding a urgency in the matter this Court proceeds to hear the petitioner on merit for final disposal of the writ petition, even though the representation filed by the petitioner has not yet been decided by the first respondent. The parties had also agreed to the same.

(3.) It is the arbitrary and illegal action on the part of the respondents, as alleged by the petitioner, by not allowing him to join on the post of Assistant Professor in the Department of Ophthalmology at All India Institute of Medical Science (for short 'the AIIMS'), Kalyani,retaining his lien on the post he is working presently, is under challenge in the present petition.