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2022 Supreme(Cal) 1346

SHEKHAR B. SARAF
State of West Bengal – Appellant
Versus
Gopal Chandra Pramanik – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pantu Deb Roy, Tapas Kumar Mandal.
For the Respondents: Kallol Basu, S. Sarkar, S.S. Halder.

JUDGMENT :

SHEKHAR B. SARAF, J.

1. The present review petition by the State of West Bengal (hereinafter referred to as the “applicant”) arises from the order dated March 12, 2019 passed by Justice Protik Prakash Banerjee in W.P. No. 30178 (W) of 2014.

2. The factual matrix of the present case is laid down below:

    (a) The respondent in the present review i.e. Gopal Chandra Pramanik (hereinafter referred to as the “writ petitioner”) was engaged as a contractual employee from February 23, 2006 as a Group ‘D’ staff in the office of the District Magistrate, South 24 Parganas, Alipore Court Chamber, Gopal Nagar Road, Kolkata-700027. His appointment was in a regular vacancy wherein he was appointed against Smt. Laxmi Das who retired in the month of August, 2002. All formalities including sponsoring of name by Employment Exchange, written test and interview, police and medical verification were duly followed and observed as is done in the case of regular appointments.

(b) The Finance Department, Government of West Bengal published a Memorandum being No. 8305-F dated September 25, 2005 stating that the state government has been following the policy wherein the employees who were initially recruit

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