Ram Balak Yadav Alias Ram Balak ... vs The State Of West Bengal & Ors
2022 Latest Caselaw 8047 Cal

                                   W.P.A. 17325 of 2018
Ml-   05.12.2022
12    Ct.15
                          (IA NO: CAN 1/2019 (Old No: CAN 12240/2019)
rkd
                         Ram Balak Yadav alias Ram Balak Prasad Yadav
                                              -vs-
                              The State of West Bengal & Ors.


                   Mr. Ranjit Kumar Ray,
                   Mr. Krishna Deo Das
                                                            ....for the petitioner.


                             The    writ   petition    is   taken     up     for

                   consideration in presence of the learned advocate

                   representing the petitioner. However, no one is

                   representing the respondents.

The grievance voiced on behalf of the

petitioner is failure on the part of the respondent

authorities in regularising his service as Group-D

staff of the school in question in spite of the fact

that petitioner was engaged as Darwan on and from

2nd July, 1982. In support of such submission the

certificate issued by the Headmistress of the school

in question dated 14th July, 2010 has been relied

upon wherein it has been stated that the petitioner

is working as an unapproved Group-D staff from

5th July, 1982. Therefore relying upon this

document it has been submitted on behalf of the

petitioner that it is a fit case for directing the

concerned State respondents as well as the School

Authority to regularise the service of the petitioner.

This Court has heard the learned advocate

representing the petitioner and perused the

relevant materials available on record.

On query being made to the learned

advocate of the petitioner whether any formal

appointment letter was issued to the petitioner, this

Court does not get any satisfactory answer.

Accordingly, it appears that petitioner is unable to

produce any appointment letter in support of his

engagement as Group-D staff of the concerned

school with effect from 2nd July, 1982.

In addition thereto, it appears that the

Director of School Education, West Bengal, vide

memo dated 12th September, 2011 passed an order

whereby prayer of the petitioner for regularisation

was spurned on the ground that he was not

engaged against sanctioned vacancy on following

the relevant recruitment rules.

It further appears that such decision of the

Director of School Education, West Bengal, dated

12th September, 2011 is not assailed in this writ

petition.

Considering the aforesaid facts and the

contents of the decision of the Director of School

Education, West Bengal, dated 12th September,

2011 it appears that petitioner was not appointed

against any sanctioned post upon following the

recruitment rules prevalent at the material point of

time. Therefore, petitioner does not have any

enforceable right which can be protected by issuing

mandamus.

In this regard, reliance has been placed on

the judgment of the Hon'ble Apex Court delivered in

the case of Secretary, State of Karnataka & Ors. -

vs- Uma Devi (3) & Ors. reported in 2006 Vol. 4

SCC 1.

Accordingly, this Court does not find any

merit in the writ petition and the same stands

dismissed.

Application, if any pending, also stands

dismissed.

However, there shall be no order as to

costs.

Urgent photostat certified copy of this

order, if applied for, be given to the learned

Advocates for the parties on the usual

undertakings.

(Saugata Bhattacharyya, J.)