Sg vs Ct. 8
2023 Latest Caselaw 6831 Cal

                                                FMA 4539 of 2014
Item-36.
           06-10-2023
                                                 Md. Isha
  sg                                                 Versus
             Ct. 8
                                       The State of West Bengal & Ors.


                        1. The parties are not represented nor any accommodation is

                             prayed for on behalf of the parties.

                        2. The appeal had appeared in the warning list of cases on and

                             from 19th September, 2023 with a clear indication that the

                             said matter shall be transferred to the Regular Bench today.

                             The appeal is listed today in the main cause list. All the

                             parties have sufficient notice about the listing of the matter

                             before the Regular Bench on and from 6th October, 2023.

                        3. The appeal was filed on 11.08.2014. The record shows that

                             no attempt has been made to move this appeal after it was

                             filed. No step has been taken to serve notice and prepare

                             paper books. It clearly shows that the appellants are not

                             interested to proceed with the appeal and have virtually

                             abandoned the appeal.

                        4.   We have read the judgment under appeal. The petitioner was

                             appointed in the post of a non-teaching staff (clerk) in

                             Baharagachi High School (H.S.), District Murshidabad with

                             effect from 1st June, 1995 on the basis of a resolution adopted

                             in the meeting of the Managing Committee of the school

                             dated 20th May, 1995. Since his service was not approved, he

                             filed a writ petition which was disposed of on 10th October,

                             2012 with a direction upon the respondent authority to take a

decision in the above matter.

5. The authority passed an order expressing inability to give

any relief to the petitioner and allowing his prayer for

regularization of his service relying upon the decision of the

Hon'ble Supreme Court in the matter of State of Karnataka

& Ors. vs. Uma Devi (3) reported in (2006) 4 SCC 1.

6. In the absence of any materials being disclosed showing that

he was appointed to the post adhering to any recruitment

Rules or against the sanctioned post, the learned Single Judge

had declined to interfere with the order under challenge.

7. We do not find any reason to interfere with the order passed

by the learned Single Judge.

8. The appeal is, accordingly, dismissed.

     (Uday Kumar, J.)                          (Soumen Sen, J.)