Indranarayan Chakraborty vs The State Of West Bengal & Ors
2023 Latest Caselaw 7104 Cal

13.10.2023
 SL No.33
Court No.8
    (gc)


                   MAT 1530 of 2022
                    CAN 1 of 2022

               Indranarayan Chakraborty
                           VS
             The State of West Bengal & Ors.


                     Mr. Sanjib Bandopadhyay,
                     Mr. Biswajit Dutta,
                                         ...for the Appellant.
                     Mr. Amitesh Banerjee,
                     Mr. Manas Kumar Sadhu,
                                             ...for the State.
                     Ms. S. Kar Ghosh,
                     Mr. Arabinda Pathak,
                           ...for the Respondent Nos.4,5 & 6.

1. In view of the fact that the petitioner was

not appointed against any sanctioned post,

the benefit of the judgment of Secretary,

State of Karnataka Vs. Uma Devi

reported at 2006 (4) SCC 1 cannot be

extended to the petitioner.

2. The learned Counsel for the appellant has

relied upon the decision of the Hon'ble

Supreme Court in State of Karnataka

Vs. M.L. Kesari reported at AIR 2010 SC

2587 to argue that the appointment of the

petitioner is not illegal, it could be

irregular. We are unable to accept the said

submission as he was not appointed

against any sanctioned post.

3. In M.L. Kesari (supra) it has been

categorically stated that where the person

employed possessed the prescribed

qualifications and was working against

sanctioned posts, but had to be selected

without undergoing the process of open

competitive selection, such appointments

are considered to be irregular.

4. In view of the fact that there was no

sanctioned post to which the petitioner

made a claim, the same may not be

applicable to the petitioner.

5. Under such circumstances, we do not find

any reason to interfere with the order

passed by the learned Single Judge.

6. The appeal fails.

7. Accordingly, the appeal and the

application stand dismissed.

8. However, there shall be no order as to

costs.

9. Urgent Photostat certified copy of this

order, if applied for, be given to the parties

on usual undertaking.

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