Anamika Sarkar & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 1186 Cal

                                     W.P.A. 18814 of 2017
34    13.02.2023
rkd   Ct.15
                                  Anamika Sarkar & Ors.
                                           -vs-
                              The State of West Bengal & Ors.

                   Ms. Puja mondal
                                                              ....for the petitioner.
                   Mr. Pinaki Dhole,
                   Mr. Pinaki Bhattacharya
                                                                  ....for the State.

                            Six petitioners have approached this Court

                   with common prayer for grant of approval of

                   appointment/regularisation in their favour by the

                   concerned State authorities on the strength of

                   appointment letters which are annexed at pages 49

                   to 54 of this writ petition.

                            State    respondents        are   represented      by

learned advocates, who has opposed such prayer

on the ground that appointments of the petitioners

were de hors the recruitment rules therefore no

right accrues in favour of the petitioner.

Having heard the learned advocates

representing the parties and on perusal of the

appointment letters which were issued in favour of

the petitioners by the authority of Anaun Jr. High

School, in transpires that the petitioners were

appointed on temporary basis and not against the

sanctioned vacancy.

Furthermore, it appears that appointments

were made in favour of the petitioners on

temporary basis without following the relevant

recruitment rules prevalent at the material point of

time.

In view of the aforesaid facts, it appears

that no right accrues in favour of the petitioners for

granting approval in connection with their

appointments or to regularise their appointments.

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.

Since no enforceable right has been

accrued in favour of the petitioner which can be

protected by issuance of mandamus, the writ

petition 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.)