Subir Mitra vs The State Of West Bengal & Ors
2022 Latest Caselaw 2313 Cal

09    25.04.2022
      Ct.15
                                       W.P.A. 5927 of 2016
rkd

                                          Subir Mitra
                                             -vs-
                                The State of West Bengal & Ors.

                   Mr. Rabiul Islam,
                   Ms. Pramita Banerjee,
                   Ms. Keya Sutradhar
                                                             ....for the petitioner.
                   Mr. Malay Bhattacharyya,
                   Ms. Subhrajyoti Ghosh
                                                           ....for the Corporation.


                           Petitioner in the present writ petition has

                   prayed for regularisation of his service under

                   Chandernagore Municipal Corporation, being the

                   principal respondent based on the appointment

letter dated 8th July, 2011 since according to the

petitioner a case has been made out that certain

candidates were appointed as Helper like the

petitioner were absorbed in their respective posts.

According to the petitioner though he was

appointed on purely contractual basis as Helper

but he should have been permanently absorbed as

it has been done in respect of some of the

candidates as stated in paragraph 9 of the writ

petition.

Considering the submission made on behalf

of the petitioner by Mr. Islam, learned advocate this

Court directed the concerned authority of

Chandernagore Municipal Corporation to submit a

report with regard to claim of the petitioner.

Pursuant to such order report in the form

of affidavit has been affirmed on behalf of the

Chandernagore Municipal Corporation wherefrom it

appears that a regular selection process was

initiated by publishing newspaper advertisement on

12th March, 2015 and accordingly such selection

process pursuant to the recruitment rules was

completed in 2015 and the similarly circumstanced

candidates as that of the petitioner were appointed

based on such selection process initiated in the

year 2015.

Mr. Bhattacharya, learned advocate

representing the Chandernagore Municipal

Corporation has also submitted that it was open to

the petitioner to offer his candidature in the

selection process conducted in the year 2015.

However, petitioner chose not to participate in the

said selection process. Therefore, according to the

Chandernagore Municipal Corporation at this

belated stage the prayer for absorption of the

petitioner cannot be acceded to.

This Court has heard the submission of the

rival parties and perused the pleadings as well as

the report filed on behalf of the Chandernagore

Municipal Corporation.

It appears that petitioner was appointed

vide appointment letter dated 8th July, 2011 on

purely contractual basis as Helper against monthly

consolidated remuneration of Rs.3,000/- per

month. Petitioner based on such appointment letter

has prayed for absorption on substantive basis.

Some other candidates were absorbed in the

meantime who were similarly circumstanced like

the petitioner. However, on perusal of the report

filed on behalf of the Chandernagore Municipal

Corporation, it appears that the candidates who

were absorbed were beneficiaries to the selection

process which was conducted in 2015 but the

petitioner chose not to participate in the said

selection process.

In view of above circumstances, it appears

that petitioner having not participated in the

selection process who was appointed purely on

temporary basis does not have enforceable legal

right which can be protected by issuing of

mandamus.

In this regard, reliance has been placed on

the Judgment of the Apex Court delivered in the

case of State of Karnataka -vs- Uma Devi, reported

in 2006 Vol. 4 SCC 1. Accordingly, this Court does

not find any merit in the writ petition and the same

stands dismissed.

However, there shall be no order as to

costs.

Urgent photostat certified copy of the order,

if applied for, be given to the parties, upon usual

undertakings.

(Saugata Bhattacharyya, J.)