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2018 DIGILAW 458 (CAL)

State of West Bengal v. Basudev Das

2018-07-02

DEBASISH KAR GUPTA, SHAMPA SARKAR

body2018
JUDGMENT : Re : CAN 286 of 2018 1. This is an application filed by 231 numbers of applicants for addition as party respondents to this writ application. 2. The subject matter of challenge in this writ application is a final order dated March 3, 2016 passed by the West Bengal Administrative Tribunal in the original application. By virtue of the order impugned to this writ application, a selection process for appointment of Sub-Inspector of Police (Armed and Unarmed) under the State Government initiated by Notification dated October 14, 2014 was quashed and set aside. 3. Appearing on behalf of the applicants, it is submitted by Mr. D.N. Ray, learned Advocate, that they stand on the same footing to that of applicants in the original application/respondent No.1 to 4. 4. No objection is raised by the petitioners/State with regard to the aforesaid submissions made on behalf of the applicants. 5. Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, we are of the opinion that the presence of the applicants are necessary at the time of hearing of this writ application since they are likely to be affected by the outcome of this writ application. 6. This applications is allowed. 7. The application bearing CAN 286 of 2018 is, thus, disposed of. 8. The department is directed to take steps accordingly. 9. There will be no order as to costs. Re : CAN 3030 of 2018 10. With the consent of the parties present before us today, this application is taken up for consideration treating the same as on day’s list. 11. This is an application filed by 170 numbers of applicants for addition as party respondents to this writ application. 12. The subject matter of challenge in this writ application is a final order dated March 3, 2016 passed by the West Bengal Administrative Tribunal in the original application. By virtue of the order impugned to this writ application a selection process for appointment of Sub-Inspector of Police (Armed and Unarmed) under the State Government initiated by Notification dated October 14, 2014 was quashed and set aside. 13. It is submitted by Mr. Pratik Dhar, learned Senior Advocate appearing on behalf of 170 numbers of applicants, that they are the successful candidates in the selection process in question. According to Mr. 13. It is submitted by Mr. Pratik Dhar, learned Senior Advocate appearing on behalf of 170 numbers of applicants, that they are the successful candidates in the selection process in question. According to Mr. Dhar, in the original application none of the applicants was party to the proceeding. So the original application was disposed of behind their back. As a consequence, they were not made parties to the aforesaid writ application. 14. It is submitted by Mr. Dhar, they are the parties necessary to this proceeding because after being successful in the selection process in question they tendered resignation in respect of their services in the posts of Constable and Assistant Sub-Inspector, as the case may be. Thereafter, they joined in the services for the post of Sub-Inspector of Police (Armed and Unarmed) under the State Government. 15. No objection is raised by any of the parties with regard to the necessity of making them as parties to this proceeding. 16. Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, we are of the opinion that the applicants are the parties necessary for full and complete adjudication of the issue involved in the writ application. The outcome of this writ application has bearing on them. 17. In view of the above, the applicants are added as proforma respondents to this proceeding. 18. This applications is allowed. 19. application bearing CAN 3030 of 2018 is, thus, disposed of. 20. The department is directed to take steps accordingly. 21. There will be no order as to costs. Re : W.P.S.T. No. 52 of 2016 22. The subject matter of challenge in this writ application is a final order dated March 3, 2016 passed by the West Bengal Administrative Tribunal in the original application. By virtue of the order impugned to this writ application, a selection process for appointment of Sub-Inspector of Police (Armed and Unarmed) under the State Government initiated by Notification dated October 14, 2014 was quashed and set aside. 23. Let affidavit-in-opposition be filed within July 20, 2018; reply thereto, if any, be filed within July 27, 2018. 24. Let this matter appear in the Daily Supplementary Cause List on July 30, 2018 under the heading “Hearing (West Bengal Administrative Tribunal)”.