Nilkanta Sarkar vs The State Of West Bengal & Ors
2023 Latest Caselaw 6938 Cal

                                     W.P.A. 4291 of 2015
06    10.10.2023
rkd   Ct.15
                                        Nilkanta Sarkar
                                              -vs-
                                The State of West Bengal & Ors.

                   Mr. Ashok Kumar Jha,
                   Ms. Mouomita Mondal
                                                          ....for the petitioner.

                           In the writ petition petitioner has prayed for

                   grant of approval of appointment as Panchayat

                   Karmee in Raniganj-I Gram Panchayat under

                   Gazole Block, District-Malda.

                           The     learned     advocate   representing      the

                   petitioner relies upon an engagement letter issued

                   by the Prodhan of Raniganj-I Gram Panchayat on

                   29th November, 1996 which is annexed at page 17

                   of the writ petition and it has been submitted that

                   petitioner worked in terms of the said appointment

                   letter for a considerable period of time. By this time

                   petitioner     ought   to    have   been    engaged       on

                   substantive basis and grant of approval should

                   have been accorded in favour of the petitioner by

                   the concerned respondent authorities.

Today no one appears for the respondents.

Having perused the engagement letter dated

29th November, 1996 it appears that petitioner was

appointed as a casual employee in Raniganj-I Gram

Panchayat. It has not been demonstrated before

this Court that such appointment was against any

sanctioned vacancy and while engaging the

petitioner the procedure which was in vogue was

followed. Therefore, it appears that no right is

accrued in favour of the petitioner which could

have made him entitled to be appointed and

approved in the post of Panchayat Karmee.

Therefore, no writ of mandamus can be issued to

protect the right of the petitioner.

In this regard reliance is place 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, 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.)